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Bombay High CourtCA/2160/2025admittedallowedgrantedrule absolute

Tapi Irrigation Development Corporation Jalgaon Through The Executive Engineer Miw Jalgaon v. Shri Vilas Gorakhanath Marathe And ORS

2025-06-09Hon'Ble Shri Justice Shailesh P. Brahme5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 108 CIVIL APPLICATION NO. 2139 OF 2025 IN FAST/34049/2024 WITH CIVIL APPLICATION NO. 2140 OF 2025 IN FAST/34049/2024 TAPI IRRIGATION DEVELOPMENT CORPORATION JALGAON THROUGH THE EXECUTIVE ENGINEER MIW JALGAON

VERSUS

MANGALA KESHAVRAO KALE AND ORS AND 109 CIVIL APPLICATION NO. 2141 OF 2025 IN FAST/34363/2024 WITH CIVIL APPLICATION NO. 2142 OF 2025 IN FAST/34363/2024 TAPI IRRIGATION DEVELOPMENT CORPORATION JALGAON THROUGH THE EXECUTIVE ENGINEER MIW JALGAON

VERSUS

SAU SHANTABAI MADHAVGIR GOSAVI DIED THROUGH LRS. SAHEBRAO M. GOSAVI AND ORS AND 110 CIVIL APPLICATION NO. 2147 OF 2025 IN FAST/34366/2024 WITH CIVIL APPLICATION NO. 2148 OF 2025 IN FAST/34366/2024 TAPI IRRIGATION DEVELOPMENT CORPORATION JALGAON THROUGH THE EXECUTIVE ENGINEER MIW JALGAON

VERSUS

RAMESH RUJA MARATHE AND ORS AND 111 CIVIL APPLICATION NO. 2151 OF 2025 IN FAST/34052/2024 WITH CIVIL APPLICATION NO. 2152 OF 2025 IN FAST/34052/2024 TAPI IRRIGATION DEVELOPMENT CORPORATION JALGAON THROUGH THE EXECUTIVE ENGINEER MIW JALGAON

VERSUS

KANTABAI KEDARANATH KABRE AND ORS AND 112 CIVIL APPLICATION NO. 2155 OF 2025 IN FAST/34046/2024 WITH CIVIL APPLICATION NO. 2157 OF 2025 IN FAST/34046/2024 TAPI IRRIGATION DEVELOPMENT CORPORATION JALGAON THROUGH THE EXECUTIVE ENGINEER MIW JALGAON

VERSUS

YASHWANT GOBJI PATIL AND ORS AND 113 CIVIL APPLICATION NO. 2158 OF 2025 IN FAST/34499/2024 WITH CIVIL APPLICATION NO. 2159 OF 2025 IN FAST/34499/2024 TAPI IRRIGATION DEVELOPMENT CORPORATION JALGAON THROUGH THE EXECUTIVE ENGINEER MIW JALGAON

VERSUS

SHRI MADHUKAR RUNJU MARATHE AND ORS AND 114 CIVIL APPLICATION NO. 2160 OF 2025 IN FAST/34495/2024 WITH CIVIL APPLICATION NO. 2161 OF 2025 IN FAST/34495/2024 TAPI IRRIGATION DEVELOPMENT CORPORATION JALGAON THROUGH THE EXECUTIVE ENGINEER MIW JALGAON

VERSUS

SHRI VILAS GORAKHANATH MARATHE AND ORS AND 115 CIVIL APPLICATION NO. 2162 OF 2025 IN FAST/34503/2024 WITH CIVIL APPLICATION NO. 2163 OF 2025 IN FAST/34503/2024 TAPI IRRIGATION DEVELOPMENT CORPORATION JALGAON THROUGH THE EXECUTIVE ENGINEER MIW JALGAON

VERSUS

SHRI VITHHAL PITAMBAR PATIL AND ORS ...

Advocate for Applicants : Mr. D.B. Rasve h/f Mr. Ajay D. Pawar. AGP for Respondent/s-State in all : Mr. D. B. Bhange. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 09.06.2025 PER COURT :- 1.

Heard learned counsel Mr. Rasve holding for Mr. Pawar for the applicants and learned AGP for respondents/State

Authorities. None appears for the respondents/claimants though served.

2.

These are civil applications seeking condonation of delay of more than 800 days in preferring appeals challenging judgment and award passed by the Reference Court. 3.

Learned counsel for the applicants submits that for the reasons stated in paragraph Nos.3 to 6, delay caused in preferring appeals deserves to be condoned. He would submit that there are no malafides on the part of the applicants to prefer appeals belatedly. It is submitted that money of public exchequer is at stake and therefore, appeals need to be heard on merits.

4.

I have gone through the contents of paragraph Nos.3 to

6. There is no reason to doubt the bonafides of the applicants. I proposed to adopt practical approach by condoning the delay so as to deal with the appeals on merits. Matters have nexus with public money.

5.

Civil applications for delay are allowed in terms of prayer clause "B".

6.

Office shall register first appeals.

In First Appeals 7.

Admit.

8.

Call for Record and Proceedings from the concerned Court.

9.

Learned AGP waives service of notice for respondents/State.

10.

On depositing the amount within a period of six (6) weeks, respondents/claimants shall be at liberty to withdraw 50% of the amount on furnishing undertaking to the satisfaction of the Registrar (Judicial).

In Civil Applications for stay 11.

Learned counsel for the applicants prays for time of six

(6) weeks for depositing the amount. Time is granted as prayed for.

12.

Ad-interim relief granted earlier shall continue for the period of six (6) weeks and it shall automatically vacated without reference to the Court if the amount is not deposited within a period of six (6) weeks from today. On depositing the amount, respondents/claimants shall be at liberty to withdraw

50% of the amount by furnishing undertaking to the satisfaction of the Registrar (Judicial).

(SHAILESH P. BRAHME, J.) ...

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