EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERG MIDC, AURANGABAD AND ORS v. SY. MAHEMUD S
Case Details
1 936-CA-3008-2022 & Ors. Delay IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.3008 OF 2022 IN FAST/29532/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERG MIDC, AURANGABAD AND ORS VERSUS SY. MAHEMUD S/O SY. KARIM Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade AND 937 CIVIL APPLICATION NO.3011 OF 2022 IN FAST/29556/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS RUKHMINIBAI W/O LAXMAN THORAT Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade AND 938 CIVIL APPLICATION NO.3012 OF 2022 IN FAST/29526/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS MADAN SANATAN ADHE ... Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade AND 939 CIVIL APPLICATION NO.3018 OF 2022 IN FAST/29516/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS 2 936-CA-3008-2022 & Ors. Delay VERSUS BHAKTIDAS MAHADEO GAIKWAD ... Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade AND 940 CIVIL APPLICATION NO.3020 OF 2022 IN FAST/29559/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS GAYABAI W/O DASHRATH THORAT ... Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade AND 941 CIVIL APPLICATION NO.3022 OF 2022 IN FAST/29566/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS RANGNATH DASHRATH THORAT ... Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade AND 942 CIVIL APPLICATION NO.3024 OF 2022 IN FAST/29562/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS DEVIDAS S/O LALSINGH RATHOD Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade 3 936-CA-3008-2022 & Ors. Delay AND 943 CIVIL APPLICATION NO.3026 OF 2022 IN FAST/29569/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS VILAS PANDURANG RATHOD Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade AND 944 CIVIL APPLICATION NO.3030 OF 2022 IN FAST/29572/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS SHAIKH MAHEBOOB S/O SHAIKH RAHEEM AND ORS Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade WITH 944 CIVIL APPLICATION NO.3028 OF 2022 IN FAST/29754/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS SHAIKH MUSA SK. ISMAIL Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade 945 CIVIL APPLICATION NO.3034 OF 2022 IN FAST/29587/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS 4 936-CA-3008-2022 & Ors. Delay BHAGWAN S/O DADARAO THORAT ... Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade AND 946 CIVIL APPLICATION NO.3036 OF 2022 IN FAST/29583/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS PREMCHAND S/O KHEMA RATHOD AND ORS ... Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade AND 947 CIVIL APPLICATION NO.3039 OF 2022 IN FAST/29579/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS RUKHMINIBAI W/O DASHRATH THORAT (DIED) THR LRS RANGNATH Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade WITH 947 CIVIL APPLICATION NO.3043 OF 2022 IN FAST/29766/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS LASKAR NEMAJI ADHE (DIED) THR LRS. PARUBAI LASKAR ADHE AND ORS. Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade 5 936-CA-3008-2022 & Ors. Delay AND 950 CIVIL APPLICATION NO.3063 OF 2022 IN FAST/29575/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS JANABAI W/O RANGNATH ADHE (DIED) THR LRS VIMALBAI AND ORS WITH 950 CIVIL APPLICATION NO.3065 OF 2022 IN FAST/29760/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS EKNATH RANGNATH ADHE Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade AND 951 CIVIL APPLICATION NO.3067 OF 2022 IN FAST/29593/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS SUBHASH JAGANNATHAPPA PASLEGAONKAR Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade WITH 951 CIVIL APPLICATION NO.3069 OF 2022 IN FAST/29773/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS JIJIBAI PANDURANG RATHOD AND ANR. 6 936-CA-3008-2022 & Ors. Delay Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade AND 952 CIVIL APPLICATION NO.3150 OF 2022 IN FAST/29599/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS ATUL KRUSHNKANT ASHTIKAR AND ANR Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade WITH 952 CIVIL APPLICATION NO.3153 OF 2022 IN FAST/29781/2021 EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDERGMIDC, AURANGABAD AND ORS VERSUS ATUL KRUSHNKANT ASHTIKAR AND ANR Advocate for Applicants : Mr B.R. Survase Advocate for Respondent : Mr D.M. Kakade
Legal Reasoning
CORAM : SHRIKANT D. KULKARNI, J. DATE : 10th March, 2022 PER COURT : 1. Heard Mr B.R. Survase, learned counsel for the applicants/acquiring body. 2. Issue notice to the respondents. Mr D.M. Kakade, learned counsel waives notice for original claimants/respondents. 3. Heard Mr B.R. Survase, learned counsel for the applicants/acquiring body and Mr D.M. Kakade, learned counsel for the original claimants on the point of condonation of delay. 7 936-CA-3008-2022 & Ors. Delay 4. 5. The delay ranges in between 1510 days to 1596 days. Mr B.R. Survase, learned counsel for the applicants submits that the delay was caused to complete the official formalities and to obtain sanction from the concerned department. There was no intentional delay on the part of the applicants. He therefore, urged to condone the delay. 6. Mr D.M. Kakade, learned counsel for the claimants strongly opposed to condone the delay. 7. For the reasons stated in the application for condonation of delay para Nos. 5 to 7 and in the interest of justice, the delay needs to be condoned. (I) The applications are hereby allowed in terms of prayer clause (A) and
Decision
ORDER (B). (II) The Registry to make scrutiny of the appeals as per procedure and thereafter, those be numbered and placed before the Court for admission. (III) The civil applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta