The Ex. Engineer, Minor Irrigation Division, Osmanabad And ORS v. Manik Eknath Ghogre (Died) Thr Lrs Bhamabai And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 542 OF 2020 IN FIRST APPEAL ST. NO. 41034 OF 2019 The Executive Engineer & others Applicants

Versus

Manik s/o Eknath Ghogre (Deceased through LRs) Respondents Mr. U. P. Giri, Advocate for the applicant No. 1. Mr. S. D. Ghayal, AGP for applicants No. 2 and 3. Mr. V. V. Tarde, Advocate for the respondents. CORAM : R. M. JOSHI, J.

DATE :15th FEBRUARY, 2023.

PER COURT :

1.

Learned counsel for acquiring body submits that on account of administrative reasons the appeal could not be fled in time against the judgment and award dated 30th June, 2016. 2.

Learned counsel for the respondents opposed the said contention. It is further pointed out that the applicants have not complied with the order dated 22nd January, 2020 and the amount of compensation is not deposited.

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Perusal of order dated 22nd January, 2020, indicates that it was an conditional order and non-compliance thereof has resulted in automatic vacation of stay granted by this Court. That however, would not have any bearing on the present application. 4.

Considering the reasons stated in the application, since delay caused in preferring the appeal is not deliberate, the same deserves to be condoned. Hence the order :-

ORDER

(i) Application is allowed.

(ii) Delay of 1513 days caused in fling the frst appeal stands condoned subject to cost of Rs. 1,000/- payable by appellant No. 1/acquiring body to the respondents within a period of two weeks from today. (iii) Civil application stands disposed of.

( R. M. JOSHI) Judge dyb