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Bombay High CourtCA/13620/2021admittedallowedgrantedrule absolute

The Ex. Engineer, M.I.W. Jalgaon And ORS v. Meenabai Himmat Patil

2025-05-05Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:13513

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO.13620 OF 2021 IN FAST/32967/2021 The Ex. Engineer, M.i.w. Jalgaon And Ors

Versus

Meenabai Himmat Patil .....

Shri. Rahul A. Tambe, Advocate for the Applicants Shri. A. B. Kale, Advocate for the Respondent .....

CORAM : NEERAJ P. DHOTE, J.

Dated : MAY 05, 2025 PER COURT :- .

This is the Application by the Acquiring Body for condonation of 1592 days delay in preferring First Appeal against the Judgment and Award dated 02.05.2017 passed by the learned Reference Court i.e. Jt. Civil Judge, Senior Division, Jalgaon in LAR No.492/2009. 2.

The land of the Respondent / Orig. Claimant was acquired for construction of Minor Irrigation Tank at village Chitegaon, Tal. Chalisgaon, Dist. Jalgaon in the proceedings bearing LAQ/SRNo.208/03. 3.

It is submitted by the learned Advocate for the Applicants / Acquiring Body that the Appellants need to get the sanction for filing Appeals at various levels and therefore, delay has caused. He submits that the same may be condoned.

4.

The Application is opposed by the learned Advocate for the Respondent / Claimant. He submits that sufficient reasons are not mentioned in the Application.

5.

On hearing both the sides and for the reasons mentioned in the Application, the aforesaid delay is condoned and the Application is allowed in terms of prayer clause '

B', subject to costs of Rs.1500/- (Rs. One Thousand Five Hundred) to be paid by the Applicant to the Bar Association of the learned Reference Court i.e. Jt. Civil Judge, Senior Division, Jalgaon.

6. Application stand disposed off accordingly. ( NEERAJ P. DHOTE, J. ) GGP