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2026 DAILYLAW 13834 (BOM)

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS v. RAJARAM NANA INGALE

CA/5622/2023 · 2026-09-23

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Judgment text

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937-CA-5622-23.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5622 OF 2023 IN FIRST APPEAL (ST) NO. 13619 OF 2023 The Executive Engineer, Minor Irrigation Division, Osmanabad and Others ..APPLICANTS VERSUS Rajaram Nana Ingale (Died) Through L.Rs. Kantabai Rajaram Ingale and Others ..RESPONDENTS .... Mr. S.P. Sonpawale, Advocate for Applicants Mr. K.B. Jadhavar, A.G.P. for State Mr. P.B. Rakhunde, Advocate for Respondents .... CORAM : AJIT B. KADETHANKAR, J. DATE : 23rd SEPTEMBER, 2026 PER COURT : 1. Being aggrieved by the judgment and award dated 14th January, 2016 passed by the learned 2nd C.J.S.D., Osmanabad in L.A.R. No. 803 of 2013, the applicant – acquiring body has preferred this appeal. However, there is delay of 2532 days caused in preferring this appeal. 2. By way of present application, the acquiring body has sought condonation of delay. It is stated that the delay is not deliberate nor intentional. Whatever delay is caused is due to administrative exigency including making available the funds for court fees. Mr. Sonpawale, learned 1 / 2 2026:BHC-AUG:45717 937-CA-5622-23.odt counsel submits that unless the court fees is available, the acquiring body could not file the first appeal. It is further submitted that the acquiring body has even deposited entire award amount in this Court. 3. In view of order passed by this Court today in Civil Application No. 10953 of 2026, the applicants are permitted to amend the title clause by incorporating the names of legal representatives of deceased – Rajaram Ingale. Accordingly, for the purpose of disposing this civil application, learned counsel for the applicant has carried out amendment physically and undertakes to cause online amendment within four weeks as ordered in the said civil application. 4. For the reasons stated in the application and in view of the guidelines laid down by the Hon’ble Supreme Court in case of Sheo Raj Singh (Deceased through LRs.) & Ors. V/s Union of India and Ors. [Civil Appeal No.5867 of 2015 dtd.09-10-2023], I found that the application deserves to be allowed. 5. Accordingly, civil application is allowed. Delay of 2532 days caused in filing the first appeal stands condoned. First appeal be registered. ( AJIT B. KADETHANKAR, J. ) SSD 2 / 2