The Ex. Engineer, Minor Irrigation Department, Jalgaon v. Shaikh Asif Shaikh Rajmohammad And ANR

1 952-12365-2019ca

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 CIVIL APPLICATION NO.12365 OF 2019 IN FAST/29384/2019 THE EX. ENGINEER,MINOR IRRIGATION DEPARTMENT, JALGAON

VERSUS

SHAIKH ASIF SHAIKH RAJMOHAMMAD AND ANR.

Mr S.S. Chillarge, Advocate for applicant Mr M.M. Bhokarikar, Advocate for respondent no.1 Mr S.G. Sangle, A.G.P. for respondent no.2 CORAM : SHRIKANT D. KULKARNI, J.

DATE : 17th March, 2022 PER COURT :

1.

It is an application for condonation of delay moved by the applicants/acquiring body. There is delay of 359 days in preferring the appeal. 2.

Heard Mr S.S. Chillarge, learned Advocate for applicant/acquiring body, Mr M.M. Bhokarikar, learned Advocate for respondent no.1/original claimant and Mr S.G. Sangle, learned A.G.P. for respondent no.2. 3.

Mr Bhokarikar, learned Advocate for respondent no.1/original claimant opposed to condone the delay. He pointed out that no sufficient reasons are assigned for condonation of delay. Mr S.G. Sangle, learned A.G.P. for respondent no.2 has no objection to condone the delay.

4.

For the reasons stated in the application in paragraph 4 and 5 and looking to the nature of dispute, delay needs to be condoned in the interest of justice.

ORDER

(i) The Civil Application is allowed in terms of prayer clause (B). (ii) The Registry to make scrutiny of the appeal as per procedure and thereafter, it be numbered and placed before the Court for admission.

2 952-12365-2019ca (iii) The Civil Application is accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) vvr