V.I.D.C., THROUGH EXECUTIVE ENGINEER, MINOR IRRIGATION WORKS Vs. KAWADU NARAYAN TANDULAKAR AND OTHERS
LAWS(BOM)-2017-10-72
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on October 13,2017

V.I.D.C., Through Executive Engineer, Minor Irrigation Works Appellant
VERSUS
Kawadu Narayan Tandulakar And Others Respondents

JUDGEMENT

S.B.SHUKRE,J. - (1.) By this application, the respondent Nos.1 and
(2.) /claimants, seek condonation of delay that has occurred in filing of the crossobjection. Clause (a) of the prayer made in the application indicates that, according to the claimants, there may be a delay of about 1243 days. 2. The ground stated in the application is that after admission of the appeal filed by the acquiring body on 10.11.2014 and waiving notice after admission by them on the very day, they could not file crossobjection due to financial constraints. It is further stated in the application that now the claimants have made necessary arrangements by mobilizing the funds and so are filing the cross objection with an application filed for condonation of delay.
(3.) Learned counsel for the applicants submits that really speaking there is no delay because even though the appeal has been admitted, it is yet to be fixed for final disposal and the period of one month contemplated under Order 41 Rule 22(1) of the Civil Procedure Code (for short, "CPC") begins to run from the day on which notice for final hearing of the appeal is received by the party desirous of filing of crossobjection. He also submits that delay occurred has been explained sufficiently. Thus, learned counsel for the applicant submits that this application be allowed without imposing any condition.;


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