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Bombay High CourtCA/2179/2016admittedallowedgrantedrule absolute

The Executive Engineer, Lower Dudhana Project, Selu Thr Jalna Irrigation Division, Jalna v. Bainabai Rambhau Mirge And Others

2016-03-01Hon'Ble Shri Justice T.V. Nalawade2 pages

CA No. 2168/16

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 17 CIVIL APPLICATION NO. 2168 OF 2016 IN FAST/1634/2016 WITH CA/1719/2016 IN FAST/1893/2016 WITH CA/1720/2016 IN FAST/1893/2016 WITH CA/2169/2016 IN FAST/1634/2016 WITH CA/2170/2016 IN FAST/1637/2016 WITH CA/2171/2016 IN FAST/1637/2016 WITH CA/2172/2016 IN FAST/1889/2016 WITH CA/2173/2016 IN FAST/1889/2016 WITH CA/2175/2016 IN FAST/1882/2016 WITH CA/2176/2016 IN FAST/1882/2016 WITH CA/2177/2016 IN FAST/1873/2016 WITH CA/2178/2016 IN FAST/1873/2016 WITH CA/2179/2016 IN FAST/1885/2016 WITH CA/2180/2016 IN FAST/1885/2016 WITH CA/2181/2016 IN FAST/1878/2016 WITH CA/2182/2016 IN FAST/1878/2016 THE EXECUTIVE ENGINEER, LOWER DUDHANA PROJECT, SELU THR JALNA IRRIGATION DIV., JA

VERSUS

KANTABAI RAMKISAN MIRGE AND OTHERS ...

Advocate for Applicant : Patil Ruturaj C.

AGP for Respondent Nos 2 and 3: A.R. Borulkar Advocate for Respondent 1 : D M Kakade ...

CORAM : T.V. NALAWADE, J.

DATED : 1st March, 2016.

ORDER :

1.

Shri. D.M. Kakade submits that he is filing appearance for original claimants, respondents. The learned AGP is there for respondent Nos. 2 and 3. In view of the contentions made and in the applications filed for condonation of delay and submissions made that some time was consumed in getting certified copies of the judgments, some time was consumed in processing the matters, some time was consumed for obtaining

CA No. 2168/16 sanction at various level, this Court holds that sufficient cause is shown. All delay condonation applications are allowed. Delay is condoned.

2.

Heard the learned counsel for Acquiring Body, appellant for admission purpose. Seen the judgments and awards. Submission was made that similar appeals are already admitted. So, appeals are admitted. Learned counsel Shri. Kakade waives notice for respondent No. 1, original claimant and learned AGP waives notice for respondent Nos. 2 and 3 in all appeals.

3.

Heard the learned counsel for applicants in stay applications. Seen the judgment and award. This Court holds that stay can be granted subject to depositing of entire amount of award within twelve weeks from today. In those terms, the applications are allowed and disposed of. If the amount is not deposited within stipulated period, it is to be presumed that there is no stay to the execution proceeding. [ T.V. NALAWADE, J. ] ssc/