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2025 DAILYLAW 15981 (BOM)

EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND OTHERS v. KAUTIK DAMU PATIL AND ANOTHER

CA/4437/2025 · 2025-06-20

Shri Shailesh P Brahme

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 938(i).CA.4437-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4437 OF 2025 IN FAST/12463/2025 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION AND ORS VERSUS KAUTIK DAMU PATIL AND ANR AND CIVIL APPLICATION NO. 4439 OF 2025 IN FAST/12467/2025 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION AND ORS VERSUS ANJANABAI SANTOSH PATIL ... Advocate for Applicants : Mrs. Manjusha Sanjay Jagtap-Ware Advocate for Respondents : Mr. Ajeet Babanrao Kale … CORAM : SHAILESH P. BRAHME, J. DATE : 20th JUNE 2025 PER COURT : 1. These applications are for condonation of delay of 2471 days in preferring both First Appeals, challenging the judgment and award passed by the Reference Court. 2. Applicants seek to condone delay on the basis of paragraph nos. 2 to 5 of the applications. Learned Counsel Counsel for the Applicants would submit that there are no malafides in preferring both appeals belatedly. Applicants have deposited entire amount of compensation in both the matters. 2025:BHC-AUG:15689 2 938(i).CA.4437-2025.doc 3. Learned Counsel for the Respondents/Claimants would oppose the submissions. It is submitted that delay is inordinate and has not been explained properly. 4. Having considered rival submissions, I find that a case is made out to condone delay. The averments of the applications for condonation of delay have not been seriously disputed. I do not find any malafides on the part of acquiring body to prefer appeals belatedly. 5. Both the Civil Applications are allowed in terms of prayer clause ‘B’. 6. By separate order, this Court is permitting the Respondents/Claimants to receive the amount. SHAILESH P. BRAHME JUDGE NAJEEB..