EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD UNDER G.M.I.D.C. AURAGABAD AND ORS v. VITHAL MAHADEO SUKALE
CA/6982/2023 · 2026-09-08
Civil Appealbody2023
DailyLaw.ai
[ 2023 DAILYLAW 3175 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 3175 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 933 CA 6983 OF 2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 933 CIVIL APPLICATION NO. 6983 OF 2023 IN FAST/16176/2023 WITH CIVIL APPLICATION NO. 6982 OF 2023 IN FAST/16176/2023 EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD UNDER G.M.I.D.C. AURAGABAD AND ORS VERSUS VITHAL MAHADEO SUKALE ... Mr. B. R. Survase, Advocate for Applicant …
CORAM : AJIT B. KADETHANKAR, J. DATED : 8th September 2026 P.C. :- CIVIL APPLICATION NO. 6982 OF 2023 . This Civil Application is filed seeking condonation of delay of 189 days in filing the First Appeal. Despite service to respondent/claimant on more than one occasion, nobody caused appearance.
2. Mr. B. R. Survase, learned Advocate for the applicant – acquiring submits that the delay caused in filing the appeal is neither deliberate nor attributable to any lethargy on the part of the applicant. 2026:BHC-AUG:41840
2 933 CA 6983 OF 2023
3. A profitable reference can be made to the Judgment &
Order passed by the Honorable Supreme Court in the case of Sheo Raj Singh (Deceased through LRs.) & Ors. V/s Union of India and ors. [Civil Appeal No.5867 of 2015 dated 09-10- 2023]. The Honorable Supreme Court was dealing with an Appeal wherein High Court’s order condoning delay of 479 days caused in filing a First Appeal by the Government against a Judgment & Award passed in Land Acquisition Reference was under challenge.
4. For the reasons stated in the application and considering the fact that the applicant is the acquiring body, I am satisfied that sufficient cause is shown for condonation of delay. Hence, the Civil Application is allowed. The delay caused in filing the First Appeal stands condoned.
5. First Appeal be registered.
FIRST APPEAL
6. Issue notice to the respondent, returnable on
06.10.2026.
( AJIT B. KADETHANKAR, J. ) PRW