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2022 DAILYLAW 2766 (BOM)

TUKARAM GANGADHAR WAGHMARE v. THE EX. ENGINEER, MINOR IRRIGATION DIV. JALNA AND ORS

CA/7240/2022 · 2026-02-02

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Judgment text

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1 27.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7240 OF 2022 IN FAST/18216/2020 TUKARAM GANGADHAR WAGHMARE VERSUS THE EX. ENGINEER, MINOR IRRIGATION DIV. JALNA AND ORS ... Advocate for Applicant : Mr. Humbe Vilas M. AGP for Respondent No. 1 : Ms. A.S. Deshmukh ... CORAM : RAJNISH R. VYAS, J. DATE : 02ND FEBRUARY, 2026 PER COURT : 1. This is an application for condonation of delay preferred by the original claimant, in preferring an appeal challenging the judgment and award passed by the reference Court. 2. In an appeal prayer is made to enhance compensation granted by the reference Court. 3. The delay of 274 days in filing an appeal is tried to be explained by the counsel for applicant on the ground that the applicant was facing financial crises and when he received certain amount from agricultural income in the month of April, 2017, he approached the concerned lawyer for filing of the First Appeal. It is submitted that in this background, the delay has been caused. 2026:BHC-AUG:4537 2 27.odt 4. The request is opposed by the respondent. 5. Considering the fact that the applicant who is deprived of his land and since the applicant was facing financial crises, I deem it fit to condone the delay of 274 days. 6. Application is allowed. Delay is condoned. 7. Learned counsel for the applicant submits that he will not claim the interest of delayed period. Accordingly, he is directed to file the undertaking to that effect within a period of four weeks from today. 8. First Appeal be registered. ( RAJNISH R. VYAS, J. ) SPC