G.M.I.D.C. Aurangabad Thr The Exe. Engineer, Lower Terna Project, Lift Irrigation Work, Osmanabad v. Nagarbai Nivrutti Mali Died Thr Her Lrs Subhadrabai And Others

1 CA8863.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

9 CIVIL APPLICATION NO. 8863 OF 2016 IN FAST/3420/2016 G.M.I.D.C. AURANGABAD THROUGH THE EXECUTIVE ENGINEER, LOWER TERNA PROJECT, LIFT IRRIGATION WORK, OSMANABAD .. Applicant

VERSUS

NAGARBAI NIVRUTTI MALI (DIED) THROUGH HER LRS SUBHADRABAI AND OTHERS ..Respondents ...

Advocate for Applicant :

Shri. P. V. Tapse Patil Advocate for Respondents No.1 to 5 :

Shri. N.S. Patil h/f Shri. R.P. Adgaonkar AGP for Respondent No.6 / State :

Shri. S.P. Sonpawale ...

CORAM : P.R. BORA, J.

Dated: July 13, 2017 PER COURT :

.

Heard the learned Counsel appearing for the respective parties. Though, the delay of 1016 days has occurred in filing the present appeal by the acquiring body, the learned Counsel for the respondent i.e. the original claimant has opposed for condoning the delay stating that the delay has not been sufficiently explained. In the alternative the learned Counsel submitted that if the learned Counsel for the appellant is ready to argue the matter immediately today itself since the amount involved in the present matter is a

2 CA8863.2016.doc meager amount, the original claimant may not have any objection for condoning the delay. The learned Counsel for the appellant submitted that he is ready with the matter and will argue the matter immediately. In view of the above, the following order is passed.

ORDER

(i) The application is allowed.

(ii) Delay caused in filing the appeal is condoned. (iii) Civil Application stands disposed of. Appeal be registered in accordance with law. On registration of the appeal, issue notice to the respondents. Learned AGP waives service of notice for State. Learned Counsel waives notice for the respondents/original claimants. (iv) The appeal shall be immediately placed for final disposal.

( P. R. BORA, J. ) ggp