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Bombay High CourtCAF/221/2015disposed off

The Executive Engineer v. Kum. Mukund Vijay Kadam (Minor) Through Guardian Mother Mrs. Nirmala Vijay Kadam And Another

2015-08-07Hon'Ble Shri Justice K.K. Tated3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.221 OF 2015 IN FIRST APPEAL (ST). NO.18108 OF 2014 WITH CIVIL APPLICATION NO.223 OF 2015 IN FIRST APPEAL (ST). NO.18114 OF 2014 WITH CIVIL APPLICATION NO.225 OF 2015 IN FIRST APPEAL (ST). NO.18338 OF 2014 WITH CIVIL APPLICATION NO.227 OF 2015 IN FIRST APPEAL (ST). NO.18341 OF 2014 WITH CIVIL APPLICATION NO.229 OF 2015 IN FIRST APPEAL (ST). NO.18359 OF 2014 WITH CIVIL APPLICATION NO.231 OF 2015 IN FIRST APPEAL (ST). NO.18080 OF 2014 WITH CIVIL APPLICATION NO.233 OF 2015 IN FIRST APPEAL (ST). NO.18378 OF 2014 WITH CIVIL APPLICATION NO.235 OF 2015 IN FIRST APPEAL (ST). NO.18384 OF 2014 WITH CIVIL APPLICATION NO.237 OF 2015 IN FIRST APPEAL (ST). NO.18091 OF 2014 WITH CIVIL APPLICATION NO.239 OF 2015 IN FIRST APPEAL (ST). NO.18101 OF 2014 1/3

WITH CIVIL APPLICATION NO.241 OF 2015 IN FIRST APPEAL (ST). NO.18054 OF 2014 WITH CIVIL APPLICATION NO.243 OF 2015 IN FIRST APPEAL (ST). NO.18070 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mrs.Bhavana Khemani for the applicant Mr.A.R.Patil, A.G.P. for the State

CORAM

: K.K.TATED, J.

DATED : 07/08/2015 PC:

Heard the learned counsel for the applicant and the learned A.G.P. for the State.

Though respondents claimants are duly served, no one appeared on behalf of them when the matter was called out.

These applications are preferred by acquiring body for condonation of one year and 312 days delay in filing First Appeal challenging the common judgment and award dated 3.4.2012 passed by Civil Judge, Senior Division Niphad in Land Acquisition References.

Considering the submissions made by the 2/3

learned counsel for the applicant and the averments made in Civil Application, I am satisfied that the applicant has made out a case for allowing Civil Application but at the same time, applicant has to pay cost to the respondents. Hence, following order:

a) Delay in preferring First Appeal in all Civil Applications challenging the judgment and award dated 3.4.2012 passed by Reference Court is condoned.

b) Applicant to deposit cost of Rs.2,500/- in each matter in the Registry of this court within eight weeks from today, failing which all Civil Applications shall stand dismissed without referring back to the court.

c) Respondents claimants are entitled to withdraw the cost without furnishing any security. d) All Civil Applications are disposed of accordingly.

(K.K.TATED, J.) 3/3