The Executive Engineer, Minor Irrigation Division, Osmanabad. v. Mohan Khandappa Birajdar
Case brief
What is this about?
Delay condonation of 1912 days allowed in first appeals FAST/9164/2023, FAST/9167/2023, FAST/9170/2023 and FAST/9173/2023; legal heirs of deceased claimants Vishwanath Eknath Yamgar (died per LRs, represented by Bharatbai Vishwanath Yamgar) and Vithal Shankar Birajdar brought on record in CAs 5225/2025, 7264/2025, 7263/2025 and 5223/2025; Executive Engineer, Minor Irrigation Division; acquiring body; no malafide; respondents did not controvert; appeals admitted; liberty to amend; notice waived by AGP for State and by counsel for claimant; Bombay High Court, Bench at Aurangabad; Shailesh P. Brahme, J.; dated 21.11.2025.
What did the court decide?
All civil applications allowed: legal heirs of deceased original applicants Vishwanath Eknath Yamgar (CAs 5225 and 7264 of 2025 in FAST/9170/2023) and Vithal Shankar Birajdar (CAs 7263 and 5223 of 2025 in FAST/9167/2023) taken on record, with delay condoned and liberty to both parties to amend; delay of 1912 days in preferring the appeals condoned; first appeals admitted, with service of notice waived by the learned AGP for respondents/State and by learned counsel Mr. Naiknavare for respondent/claimant; Record and Proceedings called for from the concerned Court; print dispensed with.