The Executive Engineer, Minor Irrigation Division, Jalna. v. Ramdas Rayasji Bhujang And ORS

59 CA 989 26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 59 CIVIL APPLICATION NO. 13174 OF 2023 IN FAST/26714/2023 WITH CIVIL APPLICATION NO. 9260 OF 2024 IN FAST/26714/2023 WITH CIVIL APPLICATION NO. 989 OF 2026 IN FAST/26714/2023 WITH CIVIL APPLICATION NO. 13175 OF 2023 IN FAST/26714/2023 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION

VERSUS

RAMDAS RAYASJI BHUJANG GPA HOLDER FOR APPLICANT NO 2 TO 7 ...

Advocate for Acquiring Body : Mr. Ram B. Deshpande Advocate for Claimant : Mr. Ajeet Babanrao Kale A.G.P. for State : Mr. S.N. Morampalle ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 29.01.2026 PER COURT :

CIVIL APPLICATION NO. 13174/2023 IN FAST 26714/2023 1.

The applicant acquiring body seeks to condone delay of 326 days in preferring appeal.

2.

There are find no mala fides on the part of the applicant in preferring the appeal belatedly. For the reasons stated in the application, the delay stands condoned.

3.

The Civil Application is disposed of.

CIVIL APPLICATION NO. 9260/2024 IN FAST 26714/2023 4.

The applicant-acquiring body seeks to condone delay of 791 days in 1/2

59 CA 989 26.odt setting aside abatement and bringing legal heirs of respondent no. 5 Bharjabai Devrao Salve on record. The cause of action survives against the legal heirs of deceased respondent no. 5. The delay is not intentional. They are necessary parties.

5.

The delay stands condoned, abatement is set aside. Leave is granted to bring legal heirs of deceased respondent no. 5 on record. 6.

The Civil Application is disposed of.

CIVIL APPLICATION NO. 989 OF 2026 IN FAST 26714/2023 7.

At the instance of the learned counsel for the Acquiring Body, list this matter on 05.02.2026.

( SHAILESH P. BRAHME, J.) mkd/- 2/2