Viajinath Nagnath Valsinge v. The Executive Engineer, Minor Irrigation Division, Dist. Osmanabad And ORS

2025:BHC-AUG:15325 953 CA 2372-2025

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO. 2372 OF 2025 IN FIRST APPEAL (ST) NO. 35353 OF 2024 WITH CIVIL APPLICATION NO. 2371 OF 2025 IN FAST/35356/2024 VIAJINATH NAGNATH VALSINGE

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION DIST. OSMANABAD AND OTHERS ...

Mr. Ramesh V. Naiknavare - Advocate for Applicants Mr. D.B. Bhange - AGP for Respondent Nos.2 and 3, State ....

CORAM : SHAILESH P. BRAHME, J.

DATE : 17.06.2025 PER COURT :

1.

The applicants are praying for condonation of delay of 4172 days in preferring these appeals for enhancement. They are relying on paragraph Nos.2 to 6 of their applications for condonation of delay. It is submitted by the learned Counsel - Mr. Ramesh V. Naiknavare for the applicants in both the applications that, acquiring body has also filed distinct appeals against award passed by the learned Reference Court. The delay caused in filing those appeals was condoned on 15.03.2023. A copy of the said order is placed on record. It shows that, delay of 2239 days was condoned by this Court 1/2

953 CA 2372-2025 and the appeals are pending at the stage of admission. 2.

The respondents have not controverted the contents of the application. The applicants are ready to forgo interest and statutory benefits for the delayed periods. Acquiring body has also filed the appeals.

3.

It is desirable to condone the delay. For the reasons stated in the applications as well as due to the fact of filing of the appeals by the acquiring body, the Civil Applications are allowed in terms of prayer clause 'B' on condition that, the applicants in both the applications shall not entitled for interest and statutory benefits for the delayed period of 4172 days.

4.

Office shall register the First Appeals.

[ SHAILESH P. BRAHME ] JUDGE Pooja Kale 2/2