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Bombay High CourtCA/431/2025admittedallowedgrantedrule absolute

The Executive Engineer, Hatnur Prakalp Vibhag, Chopda, Tq. And Dist. Jalgaon. v. Eknath Bangar Patil And ANR

2025-06-17Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:15324 949 CA 429-2025

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO. 429 OF 2025 IN FIRST APPEAL (ST) NO. 28700 OF 2024 WITH CIVIL APPLICATION NO. 431 OF 2025 IN FAST/28698/2024 THE EXECUTIVE ENGINEER HATNUR PRAKALP VIBHAG CHOPDA TQ. AND DIST. JALGAON

VERSUS

DILIP DAULAT PATIL AND ANOTHER ...

Mr. Subhash S. Chillarge - Advocate for Applicants Mr. D.B. Bhange - AGP for Respondent No.2, State ....

CORAM : SHAILESH P. BRAHME, J.

DATE : 17.06.2025 PER COURT :

1.

The applicants are seeking delay of 2139 and 2129 days respectively in preferring the appeals challenging the judgment and award passed by the learned reference Court. Learned Counsel for the applicants seeks condonation of delay periods relying on paragraph Nos.4 to 6 of the applications. It is submitted that if the delay is not condoned, there will repercussions on the public exchequer.

2.

Despite service respondent No. 1 has not caused appearance in both the applications. There is no reason to doubt grounds 1/2

949 CA 429-2025 mentioned in the applications of condonation of delay. There is merit in the contentions of applicants that, if appeals are heard on merit it will have repercussions on public exchequer.

3.

Both the Civil Applications are allowed in terms of prayer clause 'B'.

4.

Office shall register the First Appeals.

[ SHAILESH P. BRAHME ] JUDGE Pooja Kale 2/2