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Bombay High CourtCA/2323/2017disposed offdismissed for default

The Executive Engineer, Irrigation Zilla Parishad Division, Osmanabad v. Bapurao Dadarao Bachute And ORS

2018-12-14Hon'Ble Shri Justice Sunil K. Kotwal2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 WITH CIVIL APPLICATION NO. 2321 OF 2017 IN FAST/1381/2017 WITH CA/2323/2017 IN FAST/1659/2017 WITH CA/2327/2017 IN FAST/1568/2017 WITH CA/2330/2017 IN FAST/1653/2017 THE EXECUTIVE ENGINEER, IRRIGATION ZILLA PARISHAD DIVISION, OSMANABAD

VERSUS

SOU. UJWALA SANJAY MOHITE AND ORS ...

Advocate for Applicant : Mr. P.P.More Advocate for Respondent No. 1 : Mr.Sarawade Patil Dattatray D. & Mr. D.B. Pokale AGP for Respondent Nos. 2 and 3 : Mr. S.N. Morampalle ...

CORAM : SUNIL K.KOTWAL, J.

DATE : DECEMBER 14, 2018 O R D E R :

Heard learned counsel for applicants and the learned counsel for respondents/ original claimant. 2.

It has been pointed out that the judgment passed by the Reference Court was reserved for many days therefore, the judgment was not known to the appellant.

3.

Considering this reasonable cause, I hold that delay of 572 days in filing of appeal deserves to be condoned.

ca2321.17 4.

Accordingly applications for condonation of delay are allowed.

5.

First Appeal (St.) Nos.1381/2017, 1659/2017, 1568/2017 & 1653/2017 be registered.

6.

Issue notices to the respondents.

7.

Learned counsel for original claimant waives service of notice.

8.

Learned AGP waives service of notice for respondent Nos. 2 and 3.

9.

Record and proceeding be called.

[SUNIL K.KOTWAL, J.] mahajansb/