The Executive Engineer, Irrigation Project Strengthening Division Omerga Dist. Osmanabad v. Prakash Bhagwanrao Moghe

2025:BHC-AUG:26742 920-CA-10014-2023+ -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 920 CIVIL APPLICATION NO. 10014 OF 2023 IN FAST/31615/2022 WITH CIVIL APPLICATION NO. 10015 OF 2023 IN FAST/31615/2022 WITH FIRST APPEAL STAMP NO. 31615 OF 2022 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHENING DIVISION OMERGA DIST. OSMANABAD

VERSUS

PRAKASH BHAGWANRAO MOGHE ...

Advocate for Applicant : Mr. Rahul A. Tambe Advocate for Respondent : Ms. Laxmi R. Thakur h/f Mr. L. C. Patil ...

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

26 SEPTEMBER 2025 PER COURT :- CIVIL APPLICATION NO. 10014 OF 2023 1.

This Civil Application is filed by the acquiring body seeking condonation of delay of 1850 days caused in filing the First Appeal. 2.

For the reasons set out in the application, so also in view of the ratio laid down by the Hon'ble Apex Court in the case of Sheo Raj Singh (Deceased through LRs) & Ors. v. Union of India and Ors. [Civil Appeal No. 5867 of 2015 decided on 09.10.2023] the delay of 1850 days caused in filing the First Appeal is hereby condoned. The Civil Application is allowed and disposed off accordingly. Registry to register the First Appeal, subject to removal of office objections, if any, by the applicant/appellant within four weeks.

920-CA-10014-2023+ -2FIRST APPEAL STAMP NO. 31615 OF 2022 3.

Issue notice to the respondent. Learned Advocate Ms. L. R. Thakur h/f Mr. L. C. Patil waives service of notice for respondent-sole. 4.

Admit.

5.

Call record and proceedings.

CIVIL APPLICATION NO. 10015 OF 2023 6.

Learned counsel for the applicant/appellant submits that 50% of the total amount of compensation along with proportionate interest has been deposited in this Court in compliance of the condition imposed by this Court vide its order dated 19.08.2023. 7.

In view of the above, the interim stay granted vide order dated 19.08.2023 is made absolute. The Civil Application is allowed in terms of prayer clause "B" and disposed off accordingly. [ABHAY S. WAGHWASE, J.] vre