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Bombay High CourtCA/138/2024admittedallowedgrantedrule absolute

The Executive Engineer Irrigation Division Osmanabad And ORS v. Pradeep Vishnupant Saraf Thr Gpa Arun Vishnupant Saraf

2025-07-03Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

2025:BHC-AUG:17047

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

944 CIVIL APPLICATION NO. 138 OF 2024 IN FAST/33933/2023 THE EXECUTIVE ENGINEER IRRIGATION DIVISION OSMANABAD AND OTHERS

VERSUS

PRADEEP VISHNUPANT SARAF THROUGH GPA ARUN VISHNUPANT SARAF WITH CIVIL APPLICATION NO. 120 OF 2024 IN FAST/33648/2023 THE EXECUTIVE ENGINEER IRRIGATION DIVISION, OSMANBAD AND OTHERS

VERSUS

ANANAD ASHOK SARAF MINOR THROUGH U/G SUNITA ASHOK SARAF AND OTHERS Ms.Chaitali Kutti, Advocate for the applicants. Mr.K.N.Lokhande, AGP for the State.

Mr.V.B.Deshmukh, Advocate for sole respondent in CA No.138/2024 and for respondent Nos. 1 to 3 in CA No.120/2024. CORAM : PRAFULLA S.KHUBALKAR, J.

DATE : 03.07.2025 PER COURT :- 1.

These are the applications for condonation of delay in filing the appeals by the Acquiring Body. The learned Advocate for the applicants submits that delay of 471 and 441 days respectively is occurred on account of completion of procedural formalities and khs/July 2025/120

seeking approval for filing of the appeals and depositing of court fees. It is stated that the delay is unintentional and the respondents would not be put to any irreparable loss. The learned AGP and the learned Advocate for the respondents oppose the applications and submits that there are no sufficient reasons for condonation of delay. 2.

Having regard to the contentions in the civil applications and the arguments advanced, the delay of 471 and 441 days caused in filing the first appeals is condoned in the interest of justice. 3.

Civil applications are disposed of.

( PRAFULLA S. KHUBALKAR, J.) khs/July 2025/120