The Executive Engineer, Minor Irrigation Canal v. The State Of Maharashtra And ORS

ca3310.00 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 3310 OF 2012 IN FIRST APPEAL ST. NO. 28585 OF 2011 (The Executive Engineer, Minor Irrigation Canal Vs. The State of Maharashtra & Ors.) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.M. BADAR,J.

DATED : 20.11.2015 Mr.V.S. Panpatte, Advocate for the applicant.

Smt.S.S. Raut, AGP for respondent/State Mr.S.S. Jadhavar, Advocate for R-3.

1.

This is an application by the acquiring body challenging the judgment and award of the Reference Court enhancing the compensation.

2.

Heard. Learned Counsel for non-applicant No.3 seriously objected the application by contending that there is no sufficient cause to condone the delay in lodging the appeal.

ca3310.00 3.

The delay in filing the appeal is of 974 days. It is eloquently explained in the application. The averments in the application are not countered by filing counter affidavit.

Primary duty of the Court is to adjudicate the appeal on its own merit, rather than adhering to technicalities of law.

4.

Hence, application is allowed.

Delay is condoned. The appeal be registered.

[A.M. BADAR,J.] /2015/ 15/ snk NOV ca3310.00