The Ex. Engineer, G.M.I.D.C., Aurangabad Thr Minor Irrigation Div. Jalna v. Radhabai Shivaji Wagh And ORS

913-ca-14127-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14127 2019 IN FIRST APPEAL (STAMP) NO. 30525 OF 2019 The Executive Engineer G.M.I.D.C., Aurangabad Through Minor Irrigation Division, Jalna ... Applicant

Versus

Radhabai W/o Shivaji Wagh and others ... Respondents ....

Mr. G.N. Patil, Advocate for Applicant Mr. N.R. Thorat, Advocate h/f Mr. R.K. Shingnapure, Advocate for Respondent No.1 Mr. P.M. Kulkarni, AGP for Respondent Nos.2 and 3 / State ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 29th JUNE, 2021 PER COURT:- 1.

It is an application for condonation of delay moved by the applicant / acquiring body. There seems to be delay of 625 days in filing the present appeal 2.

Heard Mr. G.N. Patil, learned counsel for the applicant, Mr. N.R. Thorat, learned counsel holding for Mr. R.K. Shingnapure, learned counsel for respondent no.1 and Mr. P.M. Kulkarni, learned AGP for respondent nos. 2 and 3 / State.

913-ca-14127-19 3.

Certain arguable points are raised in the appeal. In the interest of justice and in order to decide the appeal on merits, it is necessary to condone the delay.

4.

Mr. N.R. Thorat, learned counsel holding for Mr. R.K. Shingnapure, learned counsel for respondent no.1 has no objection to condone the delay.

5.

In view of the above, I proceed to pass the following order:

ORDER

(i) The application for condonation of delay moved by the applicant / acquiring body is hereby allowed.

(ii) The appeal be registered after due scrutiny as per procedure and it be placed for admission.

( SHRIKANT D. KULKARNI ) JUDGE S.P. Rane