Ex. Engineer, Jalna Minor Irrigation Div. Jalna Under Gmidc, Aurangabad And ORS v. Rukhminibai W/O Laxman Thorat

1 936-CA-3008-2022 & Ors. Delay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.3008 OF 2022 IN FAST/29532/2021 JALNA UNDERG MIDC, AURANGABAD AND ORS SY. MAHEMUD S/O SY. KARIM 937 CIVIL APPLICATION NO.3011 OF 2022 IN FAST/29556/2021 RUKHMINIBAI W/O LAXMAN THORAT 938 CIVIL APPLICATION NO.3012 OF 2022 IN FAST/29526/2021 MADAN SANATAN ADHE ...

939 CIVIL APPLICATION NO.3018 OF 2022 IN FAST/29516/2021

2 936-CA-3008-2022 & Ors. Delay BHAKTIDAS MAHADEO GAIKWAD ...

940 CIVIL APPLICATION NO.3020 OF 2022 IN FAST/29559/2021 GAYABAI W/O DASHRATH THORAT ...

941 CIVIL APPLICATION NO.3022 OF 2022 IN FAST/29566/2021 RANGNATH DASHRATH THORAT ...

942 CIVIL APPLICATION NO.3024 OF 2022 IN FAST/29562/2021 DEVIDAS S/O LALSINGH RATHOD

3 936-CA-3008-2022 & Ors. Delay 943 CIVIL APPLICATION NO.3026 OF 2022 IN FAST/29569/2021 VILAS PANDURANG RATHOD 944 CIVIL APPLICATION NO.3030 OF 2022 IN FAST/29572/2021 SHAIKH MAHEBOOB S/O SHAIKH RAHEEM AND ORS 944 CIVIL APPLICATION NO.3028 OF 2022 IN FAST/29754/2021 SHAIKH MUSA SK. ISMAIL 945 CIVIL APPLICATION NO.3034 OF 2022 IN FAST/29587/2021

4 936-CA-3008-2022 & Ors. Delay BHAGWAN S/O DADARAO THORAT ...

946 CIVIL APPLICATION NO.3036 OF 2022 IN FAST/29583/2021 PREMCHAND S/O KHEMA RATHOD AND ORS ...

947 CIVIL APPLICATION NO.3039 OF 2022 IN FAST/29579/2021 RUKHMINIBAI W/O DASHRATH THORAT (DIED) THR LRS RANGNATH 947 CIVIL APPLICATION NO.3043 OF 2022 IN FAST/29766/2021 LASKAR NEMAJI ADHE (DIED) THR LRS. PARUBAI LASKAR ADHE AND ORS.

5 936-CA-3008-2022 & Ors. Delay 950 CIVIL APPLICATION NO.3063 OF 2022 IN FAST/29575/2021 JANABAI W/O RANGNATH ADHE (DIED) THR LRS VIMALBAI AND ORS 950 CIVIL APPLICATION NO.3065 OF 2022 IN FAST/29760/2021 EKNATH RANGNATH ADHE 951 CIVIL APPLICATION NO.3067 OF 2022 IN FAST/29593/2021 SUBHASH JAGANNATHAPPA PASLEGAONKAR 951 CIVIL APPLICATION NO.3069 OF 2022 IN FAST/29773/2021 JIJIBAI PANDURANG RATHOD AND ANR.

6 936-CA-3008-2022 & Ors. Delay 952 CIVIL APPLICATION NO.3150 OF 2022 IN FAST/29599/2021 ATUL KRUSHNKANT ASHTIKAR AND ANR 952 CIVIL APPLICATION NO.3153 OF 2022 IN FAST/29781/2021 ATUL KRUSHNKANT ASHTIKAR AND ANR CORAM : SHRIKANT D. KULKARNI, J.

DATE : 10th March, 2022 PER COURT :

1.

Heard Mr B.R. Survase, learned counsel for the applicants/acquiring body.

2.

Issue notice to the respondents. Mr D.M. Kakade, learned counsel waives notice for original claimants/respondents. 3.

Heard Mr B.R. Survase, learned counsel for the applicants/acquiring body and Mr D.M. Kakade, learned counsel for the original claimants on the point of condonation of delay.

7 936-CA-3008-2022 & Ors. Delay 4.

The delay ranges in between 1510 days to 1596 days. 5.

Mr B.R. Survase, learned counsel for the applicants submits that the delay was caused to complete the official formalities and to obtain sanction from the concerned department. There was no intentional delay on the part of the applicants. He therefore, urged to condone the delay. 6.

Mr D.M. Kakade, learned counsel for the claimants strongly opposed to condone the delay.

7.

For the reasons stated in the application for condonation of delay para Nos. 5 to 7 and in the interest of justice, the delay needs to be condoned.

ORDER

(I) The applications are hereby allowed in terms of prayer clause (A) and (B).

(II) The Registry to make scrutiny of the appeals as per procedure and thereafter, those be numbered and placed before the Court for admission.

(III) The civil applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta