The High Court of Bombay at Aurangabad allowed a civil application seeking condonation of delay in filing a first appeal, granting liberty to the applicant to seek circulation after the appeal's registration.
Condonation of 138 days' delay in filing the first appeal; liberty to seek circulation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 4125 OF 2013
IN
FA ST. NO.4252 OF 2013.
The Executive Engineer
Minor Irrigation
.. PETITIONER/S
VERSUS
Devidas Daulat Kothalkar and others.
.. RESPONDENT/S
Mr. S.S. Deshpande, Advocate for petitioner.
Mr. P.P. More, AGP for respondents 2 and 3.
ORDER :-
1] Heard learned counsel for the applicant.2] Notice made returnable forthwith.3]Learned counsel Mr. Swapnil Joshi,
appears for respondent No.1 and waives notice for
respondent No.1. He further undertakes to file
vakalatnama on behalf of respondent No.1.
2
3]Bythisapplication,the
applicant(acquiring body) is seeking condonation
of 138 day's delay in filing first appeal.
4]Learned counsel for the respondent No.1
opposes the application.
5]After considering the submissions of the
learned counsel for the parties, we are inclined
to condone the delay. The application is allowed
in terms of prayer clauses (A) and (B) and
disposed of.
6]After registration of the appeal, liberty
to the applicant to seek circulation.
[M.T. JOSHI, J][S.B. DESHMUKH,J]
grt/-.
1 issue framed by the court
Whether the execution's 138-day delay in filing the first appeal should be condoned?
The Executive Engineer, Minor Irrigation
Devidas Daulat Kothalkar
M.T. Joshi
S.B. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court