The Ex. Engineer, Minor Irrigation Div. Osmanabad, Thr G.M.I.D.C Aurangabad v. Raosaheb Bapurao Pawar Died Thr Lrs Suresh Raosaheb Pawar And ORS

(1) 956-957

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3800 OF 2023 IN FAST/33155/2022 THE EX. ENGINEER, MINOR IRRIGATION DIV.

OSMANABAD, THR G.M.I.D.C AURANGABAD

VERSUS

RAOSAHEB BAPURAO PAWAR DIED THR LRS SURESH RAOSAHEB PAWAR AND ORS AND CIVIL APPLICATION NO.3805 OF 2023 IN FAST/32910/2022 THE EX. ENGINEER MINOR IRRIGATION DIV. THR G.M.I.D.C., AURANGABAD

VERSUS

DNYANDEV BHAGWAN PAWAR AND ORS ...

Mr. M. C. Swami, Advocate for the Applicants. Mr. Sujit A. Patil, Advocate for Respondents. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 14th JULY, 2023.

PER COURT:- 1.

By these applications, the applicants seeks condonation of delay of 1489 and 1477 days respectively caused in filing the First Appeals against the Awards passed by the Reference Court.

2.

Mr. Swami, learned Advocate appearing for the applicants submits that the delay is caused on account of administrative reasons and applicants have not derived any disadvantages out of the delay. He invites attention to the

(2) 956-957 explanation as tendered in paragraph nos.2, 3 and 4 and submits that the sufficient cause is made out.

3.

The learned Advocate appearing for respondent nos.1 to 7 opposes the applications on the ground that the reasons as stated in the applications do not constitute the sufficient cause. 4.

Having considered submissions advanced, it is apparent that the applicants required to obtain various administrative sanction and approvals for filing the appeals. Most of the time is consumed in making such compliance. The delay is not intentional. In that view of the matter, the case is made out to condone the delay. Hence, the following order:-

ORDER

a.

Civil Applications are allowed.

b.

Delay of 1489 and 1477 days respectively caused in filing the First Appeals are condoned. The Appeals be registered. 5.

Civil Applications are disposed of.

(S. G. CHAPALGAONKAR) JUDGE Devendra/July-2023