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Bombay High CourtCA/3865/2017disposed offdismissed for default

Aurangabad Municipal Corporation, Aurangabad, Thr Its Municipal Commissioner, Aurangabad v. Vishnu Sadashiv Lokhande And ORS

2020-03-13Hon'Ble Shri Justice M. G. Sewlikar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO.3865 OF 2017 IN FAST/2214/2017 WITH CA/3866/2017 IN FAST/2214/2017 AURANGABAD MUNICIPAL CORPORATION, AURANGABAD, THROUGH ITS MUNICIPAL COMMISSIONER, AURANGABAD

VERSUS

VISHNU SADASHIV LOKHANDE AND ORS ...

Advocate for Applicant : Shri R.S. Banik h/f Shri Latange V.P. Advocate for Respdt. No. 1 : Shri P.D. Jarare h/f Shri Thombre S.S. AGP for Respondent No. 8 : Shri K.S. Patil ...

CORAM : M.G.SEWLIKAR, J.

DATE : 13th MARCH, 2020.

PER COURT :

.

Heard the learned counsel for the parties.

This is an application for condonation of the delay of 200 days in fling the appeal with Civil Application No. 3866 of 2017 in First Appeal (ST) No. 2214 of 2017 for Stay.

3.

Respondent Nos. 2 to 7 are duly served but none appears for them.

4.

Shri Jarare, the learned counsel for the respondent No. 1 stated that in Civil Application No. 465 of 2020 in Contempt Petition No. 858 of 2019 (Sadashi Sakharam Lokhande (Dead) Through Legal Representatives Vishnu and Others v. D.V.

ca3865.17 Kulkarni and Another decided on 7.2.2020 by this Court, the applicant herein has deposited Rs. 1,03,36,201/-, which includes the amount of compensation covered under the claim in this application. 6.

Shri Banik, the learned counsel for the applicant does not dispute this position. In view of this, the application is disposed of. 7.

Copy of the order in Civil Application No. 465 of 2020 in Contempt Petition No. 858 of 2019, dated 7.2.2020 is placed on record by the Respondents. It is marked as 'X' for identifcation. 8.

First Appeal (ST) No. 2214 of 2017 also stands disposed of in view of the order in the Civil Application No. 3865 of 2017. 9.

The Civil Application for stay bearing No. 3866 of 2017 in First Appeal (ST) No. 2214 of 2017 is also disposed of consequent to the order passed in Civil Application No. 3865 of 2017. [ M.G.SEWLIKAR ] JUDGE mahajansb/