The Executive Engineer, Minor Irrigation Division, Nesu Project, Dhule, Now Office Nandurbar v. Ragho Manji Valvi And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CIVIL APPLICATION NO.7446 OF 2016 IN FAST/32570/2015 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, NESU PROJECT, DHULE, NOW OFFIC

VERSUS

RAGHO MANJI VALVI AND OTHERS ...

Advocate for Applicant : Mr. Chillarge Subhash S. AGP for Respondents No.2 and 3 : Mr. A. M. Phule. ...

WITH 903 CIVIL APPLICATION NO.7595 OF 2016 IN FAST/32662/2015 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, NESU PROJECT, DHULE, NOW OFFIC

VERSUS

KUSUM RAJENDRA GAVIT AND OTHERS ...

Advocate for Applicant : Mr. Chillarge Subhash S. AGP for Respondents No.2 and 3 : Mr. A. M. Phule. Advocate for Respondent No.1 : Mr. S. S. Randive ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 25-06-2019.

PER COURT :

1.

Present applications have been filed for getting the delay of 2062 days condoned in filing first appeal.

2.

Learned AGP representing respondents No.2 and 3 in both the matters.

CA 7446-2016 & 7595-2016 3.

In Civil application No.7446 of 2016 though the respondent No.1 is served, he is not appearing and in Civil Application No.7595 of 2016 learned advocate holding for Mr. S. S. Randive for respondent No.1 is objecting the application on the ground that there is huge and inordinate delay which has not been properly explained.

4.

The applicant is the acquiring body and has put administrative difficulties as reason for condoning the delay. In fact though there is proper explanation for not applying for certified copies from 07-122009 to 30-11-2012 yet taking liberal view since the amount is required to be got sanction, so also further arrangements are required to be made, for the reasons stated in paras No.2 and 3, the delay is condoned. Application stands allowed and disposed of accordingly.

5.

Registry to verify and registrar the first appeal and place it for consideration on 16-09-2019.

(SMT. VIBHA KANKANWADI) JUDGE vjg/-