The Executive Engineer Minor Irrigation Division No.1 v. Mahebub Shah Abdul Shah Deceased Thr. Lrs

39-CA-3081-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3081 OF 2023 IN FIRST APPEAL (ST) NO. 3385 OF 2023 WITH CA/3082/2023 IN FAST/3385/2023 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO.1

VERSUS

MAHEBUB SHAH ABDUL SHAH DECEASED THR LRS ...

Mr. H.U. Dhage - Advocate for Applicant Mr. H.P. Kshirsagar - Advocate for Respondents ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 20th March, 2023 PER COURT :

1.

Heard. Issue notice to the respondents.

2.

The learned counsel - Mr. H.P. Kshirsagar causes appearance on behalf of all the respondents - claimants. 3.

Heard rival submissions.

4.

The appellant - acquiring body is seeking condonation of delay of 322 days, which appears to be cause due to obtaining sanctions at various stages. There is no strong objection from 1/2

39-CA-3081-2023 other side and therefore the delay of 322 days stands condoned.

5.

The appeal be placed for admission after removal of office objections, if any.

6.

The Civil Application is accordingly disposed of. CIVIL APPLICATION NO. 3082 OF 2023 7.

Heard. Issue notice to the respondents.

8.

The learned counsel - Mr. H.P. Kshirsagar causes appearance on behalf of all the respondents - claimants. 9.

Heard rival submissions.

10. There shall be ad-interim relief in terms of prayer clause 'B' subject to deposit of entire compensation amount within a period of eight weeks.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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