The Ex. Engineer, Irrigation Project Majbutikaran Division Omerga And ORS v. Champabai Shrimant Gaikwad And ORS

2025:BHC-AUG:18306 -1- 13-CA-1379-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1379 OF 2018 IN FAST/38693/2017 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT MAJBUTIKARAN DIVISION, OMERGA, DIST. OSMANABAD AND OTHERS

VERSUS

CHAMPABAI SHRIMANT GAIKWAD AND OTHERS ......

Mr. P. R. Nangare, Advocate for Appellant No.1 - Acquiring Body. Mr. S. M. Ganachari, AGP for Appellant Nos.2 and 3 - State. Mr. L. C. Patil, Advocate for Respondents.

......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 14 JULY 2025 PER COURT :

1.

Present application is for condonation of delay of 340 days caused in filing appeal against judgment and award passed by the learned Joint Civil Judge, Senior Division, Omerga in L.A.R. No.373 of 2013.

2.

Learned Advocate for acquiring body pointed out that, reasons for delay are spelt out in paragraph nos.2 to 4 of the application and stated that there is no deliberate and intentional delay and therefore, in the interest of justice and fair opportunity, delay so caused is sought to be condoned.

-2- 13-CA-1379-2018 3.

Learned Advocate for the respondents raised objection to condone the delay.

4.

For the reasons mentioned in civil application, more particularly in paragraph nos.2 to 4 and in the interest of justice and fair opportunity, delay caused is required to be condoned. Delay stands condoned. Appeal be duly registered.

5.

In First Appeal, issue notice to the respondents, returnable within eight weeks. Learned counsel Mr. Laxmikant Patil waives service of notice on behalf of respondents.

(ABHAY S. WAGHWASE, J.) Tandale