The Ex. Engineer, Waghur Project Jalgaon And ORS v. Kadu Jangalu Borse (Died) Thr Lrs Shivaji And ORS

12753.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO.12753 OF 2019 IN FAST/31127/2019 THE EX. ENGINEER, WAGHUR PROJECT JALGAON AND ORS

VERSUS

KADU JANGALU BORSE (DIED) THR LRS SHIVAJI AND ORS.

...

Mr.S.D. Dhongade, Advocate for applicants Mr.P.K. Lakhotiya, AGP for State.

Mr.V.B. Patil, Advocate for respondent nos.1 to 6.

...

CORAM: V.L. ACHLIYA,J.

DATE : 04.09.2020 ORAL ORDER:

The applicants-appellants have moved this application seeking condonation of 60 days delay in filing appeal for the reasons set out in detail in the application.

2.

Heard learned counsel for the acquiring body and the acquisition authority as well as the counsel representing the respondents.

3.

On due consideration of submissions advanced in the light of unchallenged and controverted pleadings made in the application assigning cause for condonation

12753.19CA.odt of delay, I am of view, the delay deserves to be condoned. No prejudice would cause to other side if the delay is condoned in filing appeal. There is case to be considered in appeal. Hence, the application is allowed in terms of prayer clause "B". Appeal be registered subject to removal of office objections if any.

4.

Civil Application is disposed of in the above terms.

[V.L. ACHLIYA] JUDGE SGA