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Bombay High CourtCA/11193/2024admittedallowedgrantedrule absolute

The Executive Engineer Minor Irrigation Division Osmanabad v. Manohar Santram Jadhav(Died) Since Deceased Through His Legal Representative Nandkumar And ORS

2025-08-21Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:22902 1 950 ca 11193.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11193 OF 2024 IN FIRST APPEAL STAMP NO. 27407 OF 2024 The Executive Engineer Minor Irrigation Division Osmanabad .. Applicant

Versus

Manohar Santram Jadhav since deceased through his L.Rs.

Nandkumar and others .. Respondents Shri G. S. Khaire, Advocate h/f Shri S. S. Dande, Advocate for the Applicant.

Shri Manoj U. Shelke, Advocate for the Respondent No. 1. Shri D. B. Bhange, A.G.P. for the Respondent Nos. 2 and 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 21ST AUGUST, 2025.

FINAL ORDER :

.

Heard both sides.

2.

The applicant - acquiring body seeks to condone delay of 2968 days caused in preferring first appeal. It is submitted by the learned counsel for the applicant that for the reasons stated in the application it is desirable to condone the delay. 3.

Application is contested by the respondent No. 1/claimant.

2 950 ca 11193.24 4.

I do not find any malafides in preferring appeal belatedly. The grievance of the respondents-claimants is that for inordinate period the compensation has been withheld by the acquiring body. The grievance can be gone into while considering application for withdrawal of amount.

5.

For the reasons stated in the application, delay stands condoned. Office shall register the first appeal. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/Aug. 25