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Bombay High CourtCA/3518/2013admittedallowedgrantedrule absolute

The State Of Mah v. Maruti Mahadu Misal And ORS

2016-02-29Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CA 3518 of 2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 79 CIVIL APPLICATION NO. 3518 OF 2013 IN FAST/3382/2013 WITH CA/3516/2013 IN FAST/3373/2013 WITH CA/3517/2013 IN FAST/3373/2013 WITH CA/3519/2013 IN FAST/3382/2013 THE STATE OF MAH

VERSUS

MARUTI MAHADU MISAL AND ORS -------- Ms. R.P. Gaur, Assistant Government Pleader, for applicant.

Shri. R.J. Nirmal, Advocate, for respondents. ---------- CORAM: T.V. NALAWADE, J.

DATE : 29th FEBRUARY 2016 ORDER:

1) Learned counsel Shri. R.J. Nirmal submits that he has filed appearance for respondent Nos.1 to 3 in first matter and for respondent Nos.1 and 2 in second matter. Other respondents like respondent Nos.3 and 4 are served, they have no turned up. Both the sides are heard. 2) Delay of 2793 days is caused in filing the appeals. In view of the contentions made and submissions made that time was required for obtaining certified copy,

2 CA 3518 of 2013 time was required for processing the matter and time was required for getting sanction at various levels, this Court holds that sufficient cause is shown. So, the applications are allowed. Delay is condoned.

3) Notice in appeal. Learned counsel for respondent Nos.1 to 3 waives notice in first appeal and for respondent Nos.1 and 2 in second matter. Notice to other respondents made returnable on 4th August 2016. Call record and proceedings.

4) On condition of deposit of entire amount of compensation within 12 weeks from today there shall be stay to the execution. If the amount is not deposited within this time, it is to be presumed that there is no stay. In those terms the stay applications are allowed and disposed of.

Sd/- (T.V. NALAWADE, J. ) rsl