The Executive Engineer Kkvm Through Minor Irrigation Division Osmanabad And ORS v. Datta Kalyan Giri

2025:BHC-AUG:15435 1995.25ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO. 1995 OF 2025 IN FAST/15599/2023 THE EXECUTIVE ENGINEER KKVM THROUGH MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS

VERSUS

DATTA KALYAN GIRI ....

Mr R. C. Patil, Advocate for applicants CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 18th June, 2025 PER COURT:

1.

This is an application for restoration of the first appeal by setting aside the order dated 11/07/2023, by which, registration of the first appeal was refused for non-removal of office objections. The applicants have also prayed for condonation of delay of 542 days in filing this application.

2.

Heard learned counsel for the applicants.

3.

Learned counsel for the applicants submits that he is ready to remove all office objections in the first appeal. 4.

Considering the submissions advanced and the reasons mentioned in paragraph Nos.2 and 3 of the application, delay of 542

1995.25ca (2) days in filing this application is condoned, subject to deposit of costs of Rs.1,000/- (Rs. One thousand only) with the Advocate Association's Bar Library, High Court, Aurangabad, within a period of two weeks from today.

5.

The civil application is disposed of.

6.

The applicants/appellants are directed to remove all office objections in the first appeal within a period of three weeks from today.

7.

After removal of all the office objections, the first appeal be registered to it's original number.

(PRAFULLA S. KHUBALKAR, J.) sjk