Executive Engineer Irrigation ... vs Venkappa Ningappa Chendkapure ...
2021 Latest Caselaw 4952 Bom

                                             1                     1291-2016-938

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD

          CIVIL APPLICATION NO. 1291 OF 2016 IN FAST/21239/2014
                                 (DELAY)
       THE EXECUTIVE ENGINEER IRRIGATION PROJECT STRENGTHENING
                      DIVISION OMERGA AND OTHERS
                                 VERSUS
            VENKAPPA NINGAPPA CHENDKAPURE (DIED) THR LRS.
               BALBHIMVENKAT @ VENKAPPA CHENDAKAPURE

                                              ...
               Advocate for Applicant : Mr. Jeevan R. Patil h/f. Mr. G.B. Rajale
                      AGP for Respondent - State : Mr. P.M. Kulkarni
                 Advocate for Respondent no. 1 : Mr. Ingale Vivekanand V.
                                              ...

                                                 CORAM : ANIL S. KILOR, J.
                                                 DATE : 18-03-2021
ORDER :

1. This is an Application for condonation of delay. There is delay of 713 days in filing the Appeal by the acquiring body challenging the Judgment and Award dated 05-04-2012 passed by reference court in LAR no. 295 of 2008.

2. When the matter was called out, learned counsel for the claimant appeared and informed this Court that in a matter arising out of the same acquisition proceedings, on similar reasons stated in the Application (CA/1289/2016), delay of similar period of 713 days was condoned and, therefore, he has no objection if this Application is allowed.

3. In that view of the matter and in view of the reasons stated in the Application, the Application is allowed. Delay caused in filing the First Appeal is condoned. Civil Application is disposed of.

4. Office is directed to place the matter for admission.

[ ANIL S. KILOR ] JUDGE arp/