The Executive Engineer, Kolhapur v. Bala Appayya Teli And ORS.

31 Ia-17814-2022.doc 31IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 17814 OF 2022 IN FIRST APPEAL (St.) NO. 5814 OF 2021 The Executive Engineer, Kolhapur ...Appellant.

Versus

Bala Appayya Teli and Others.

...Respondents.

------ Mr. Vilas Tapkir for Appellant.

Mr. Netaji Gawade i/b Mr. Abhijeet B. Desai for Respondent No.1. Mr. A. R. Patil, AGP for Respondent-State.

------ Coram : Sharmila U. Deshmukh, J.

Date : January 22, 2025.

P. C. :

1.

Interim Application has been preferred seeking condonation of delay of 1 year and 205 days caused in preferring the First Appeal against the judgment and award dated 9th April, 2019 passed by the Reference Court.

2.

Learned counsel appearing for Appellant submits that the challenge is by Executive Engineer of the Irrigation Department and before the Appeal could be filed, an opinion was taken from the Panel Advocate and thereafter, the papers were processed for the purpose of filing the Appeal and after receiving the necessary approval, the First Appeal has been preferred. He would further submit that in the meantime, due to COVID pandemic, the operations have come to Sairaj 1 of

31 Ia-17814-2022.doc standstill and by reason of same, there is delay of 1 year and 205 days caused in preferring the First Appeal.

3.

Learned counsel appearing for Respondent No.1 would not seriously oppose the Application. For the reasons stated, the delay of 1 year and 205 days is condoned.

4.

Interim Application is allowed.

[Sharmila U. Deshmukh, J.] Sairaj 2 of