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Bombay High CourtCAF/748/2016

Maharashtra Krishna Valley Development Corporation Through Its Executive Engineer v. Mrs. Sitabai Govind Kangude And ORS.

2019-08-27Hon'Ble Shri Justice K.K. Tated2 pages

11.6caf748.doc ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.748 OF 2016 IN FIRST APPEAL ST.NO.19046 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.D.D.Shinde for the Applicant Ms Tanaya Goswami,AGP for respondent Nos.2 and 3 Mr.Abhijeet Singh I/b Pallavi Potnis for respondent No.1.

CORAM :K.K.TATED,J.

DATE : AUGUST 27, 2019 P.C.:

Heard learned Counsel for the parties.

By this Civil Application, Applicant is seeking condonation of 71 days delay in filing First Appeal challenging the judgment and award dated 29.9.2014 passed by the Reference Court in Reference No.757 of 2002.

Considering the submissions made by the learned Counsel for the Applicant and averments made in Civil Application, I am satisfied that

11.6caf748.doc Applicant has made out a case for allowing the Civil Application.

Hence, the following order is passed:

a) Delay in filing First Appeal, is condoned.

b) Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) That this Hon'ble Court be pleased to condone 71 days of delay in filing above mentioned First Appeal against the Judgment and Award dated 29.9.2014 passed by the learned Judge17, Pune in LAR No.757/2002". c) No order as to costs.

(K.K.TATED,J.)