The Executive Engineer Khadak ... vs Bhanudas Ramrao Nagare
2021 Latest Caselaw 6918 Bom

                                           1                   902-ca-5137-15 in fast.odt

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              CIVIL APPLICATION NO. 5137 OF 2015
                          IN FIRST APPEAL (STAMP) NO. 11342 OF 2015

              THE EXECUTIVE ENGINEER KHADAK PURNA PROJECT AND OTHERS
                                        VERSUS
                            BHANUDAS S/O RAMRAO NAGARE
                                          AND
                          CIVIL APPLICATION NO. 5139 OF 2015
                      IN FIRST APPEAL (STAMP) NO. 10995 OF 2015

              THE EXECUTIVE ENGINEER KHADAK PURNA PROJECT AND OTHERS
                                          VERSUS
                             KARBHARI S/O RAMRAO NAGARE
                                             ...
                       Advocate for Applicant : Mr. S. B. Deshpande
                      AGP for Applicant Nos. 2 and 3: Mr.P. M. Kulkarni
                       Advocate for Respondent-sole : Mr. B. N.Palve
                                             ...
                                     CORAM :    ANIL S. KILOR, J.

                                     DATE :     30th APRIL, 2021
                                          ...
PER COURT :

This is an application moved by the applicant-Acquiring Body for

condonation of delay. There is delay of 241 and 243 days in filing

First Appeals challenging the Judgment and Award dated 05-05-2014

passed by the learned Joint Civil Judge, Senior Division, Jalna in

L.A.R. Nos. 2288/2010 (Old LAR 737/2007) and 2589 of 2010 (Old-

LAR-744 of 2007).

2. I have heard the learned counsels appearing for the respective

parties.

3. Shri Deshpande, learned counsel for the applicant states that

the delay is bonafide and not intentional. It is submitted that the

sufficient and justifiable reasons are given in the application to

condone the delay. He submits that if the delay is condoned, no

prejudice would be caused to the respondent- claimant.

2 902-ca-5137-15 in fast.odt

4. Shri. Palve, the learned counsel appearing for the respondent-

claimant. Even on service of notice long back and application is

pending since 2015, no reply has been filed opposing the application,

though the application.

5. In the above backdrop and looking at the reasons stated in the

application which are sufficient and justifiable to condone the delay

caused in filing First Appeal, I am of the opinion that the lenient view

in this matter needs to be taken.

6. Accordingly, the civil application is allowed. The delay caused in

filing First Appeal is condoned.

7. The Registry is directed to register the First Appeal and register

the First Appeal.

(ANIL S. KILOR, J.)

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