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2025 DAILYLAW 5551 (BOM)

THE EX. ENGINEER, OSMANABAD MINOR IRRIGATION DIV. OSMANABAD v. ATMARAM S/O PARASURAM CHEDE AND ORS

CA/1365/2022 · 2025-01-24

Shri Sanjay A Deshmukh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 913 ca 1355-22 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 913 CIVIL APPLICATION NO. 1355 OF 2022 IN FAST/479/2022 AND CIVIL APPLICATION NO. 1363 OF 2022 IN FAST/747/2022 AND CIVIL APPLICATION NO. 1361 OF 2022 IN FAST/750/2022 AND CIVIL APPLICATION NO. 1359 OF 2022 IN FAST/753/2022 AND CIVIL APPLICATION NO. 1367 OF 2022 IN FAST/757/2022 AND CIVIL APPLICATION NO. 1357 OF 2022 IN FAST/761/2022 AND CIVIL APPLICATION NO. 1365 OF 2022 IN FAST/770/2022 AND CIVIL APPLICATION NO. 12457 OF 2022 IN FAST/761/2022 THE EX. ENGINEER, OSMANABAD MINOR IRRIGATION DIV. OSMANABAD VERSUS MAHADEO BHUJANG KAWADE AND ORS ... Mr. Patil Shamsunder B., Advocate for Applicants Mr. R. B. Dhaware, AGP for Respondent-State Mr. Vikram S. Undre, Advocate for Respondent No.2 2025:BHC-AUG:2014 2 913 ca 1355-22 …. CORAM : SANJAY A. DESHMUKH, J. DATED : 24/01/2025. P. C. : 1. The learned counsel for the appellant seeks permission to deposit the cheque of the compensation amount. 2. Registry is directed to accept the cheque. A) ORDER IN CIVIL APPLICATIONS FOR DELAY CONDONATION: 1. Heard rival submissions. 2. The respective applicant are seeking condonation of delay periods mentioned in these applications. 3. The learnd counsel for the applicant pointed out and submitted that the delay is caused because of seeking permission and providing documents to the higher authority. Therefore, the delay is caused. It is lastly prayed to allow these applications in the inerest of justice. 4. The learned counsel for the respondents / claimants and learned AGP stongly opposes the applications. It is lastly prayed to reject these applications. 5. For the reasons stated in the application and considering the arguments of both sides, the delay period caused in filing the first appeals deserves tobe condoned in the interest of justice, however, on payment of some costs. 3 913 ca 1355-22 6. In view of the above, subject to the applicant depositing Rs.3,000/- (Rupees Three Thousand Only) in each application in the account of the Creche – Day Care Centre, Advocates’ Association of Bombay High Court, Bench at Aurangabad, within two weeks from today, the delay is condoned. The civil applications for delay condonation are allowed. Appeals be registered. B) ORDER IN CIVIL APPLICATION NO.12457 OF 2022 : 1. This is an application for permission to withdraw the amount. 2. Heard. Perused the application. The learned counsel for the respondent and learned AGP strongly opposed the application. 3. Considering the reasons stated in the application and arguments of both sides, applicants are permitted to withdraw 50% on usual undertaking and 20% on furnishing solvent surety / security, alongwith accured interest thereon. 4. Appliction is disposed of accordingly. ( SANJAY A. DESHMUKH, J. ) VS Maind/-