G.M.I.D.C., Thr The Ex. Engineer, Minor Irrigation Division, Osmanabad And ORS v. Balaji Vitthal Mendhekar

1 909-3580-2022CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.3580 OF 2020 IN FAST/32467/2018 G.M.I.D.C. THR THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS.

VERSUS

ASHIF KHAJA SHAIKH (MINOR) U/G OF GRANDMOTHER MANNANBEE S. BHETEKAR AND CIVIL APPLICATION NO.3588 OF 2020 IN FAST/32271/2018 G.M.I.D.C. THR THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS.

VERSUS

SHAHANUR AMBIR BHETEKAR AND CIVIL APPLICATION NO.3582 OF 2020 IN FAST/32449/2018 G.M.I.D.C. THR THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS.

VERSUS

BALAJI VITTHAL MENDHEKAR Mrs Kalpalata Patil - Bharaswadkar, Advocate for applicants Mr M.R. Malpani, Advocate h/f Mr A.B. Kale, Advocate for respondents CORAM : SHRIKANT D. KULKARNI, J.

DATE : 1st March, 2022 PER COURT :

1.

These are the applications for condonation of delay moved by the appellant/acquiring body.

2.

Heard Mrs Kalpalata Patil - Bharaswadkar, learned Advocate for appellant/acquiring body, Mr M.R. Malpani holding for Mr A.B. Kale, learned Advocate for respondents/original claimants.

2 909-3580-2022CA 3.

Mr Malpani, learned Advocate for the respondents/original claimants strongly opposed to condone the delay.

4.

On perusing the record, it is seen that there is 1793 days delay in preferring the appeals by the acquiring body. 5.

For the reasons stated in the application in paragraph 3, the delay needs to be condoned in the interest of justice.

ORDER

(i) The Civil Applications are hereby allowed in terms of prayer clause (B).

(ii) The Registry is directed to make scrutiny of the appeals as per procedure and thereafter the appeals be numbered and placed before the Court for admission. (iii) The Civil Applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) vvr