The State Of Maharashtra And Another v. Badrinath Dushrath Jagtap And Others

1 CA 5979 of 2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 53 CIVIL APPLICATION NO. 5979 OF 2013 IN FAST/3861/2013 WITH CA/5973/2013 IN FAST/3830/2013 WITH CA/5974/2013 IN FAST/3830/2013 WITH CA/5975/2013 IN FAST/3867/2013 WITH CA/5976/2013 IN FAST/3867/2013 WITH CA/5977/2013 IN FAST/3864/2013 WITH CA/5978/2013 IN FAST/3864/2013 WITH CA/5980/2013 IN FAST/3861/2013 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

AMBADAS DAGDU KUMKAR AND ANOTHER -------- Shri. S.R. Yadav, Assistant Government Pleader, for applicants.

Shri. C.K. Shinde, Advocate, for respondent - claimant. ---------- CORAM: T.V. NALAWADE, J.

DATE : 29th FEBRUARY 2016 ORDER:

1) The applications are filed for condonation of delay of 953 days caused in filing appeal against the judgment and award of the Reference Court. Both the sides are heard.

2) Contentions are made in the applications and submissions are made for the State that time was required for collecting certified copy, time was required for

2 CA 5979 of 2013 processing the matter and for obtaining sanction at various levels, this Court holds that sufficient cause is shown. So the applications (except CA 5977/2013) are allowed. Delay condoned.

3) The appeals are admitted (except FAST No.3864/2013). Notice after admission, it is waived by learned counsel for the respondents, claimants. 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 (except CA 5978/2013) are allowed and disposed of.

5) In Civil Application Nos.5977 and 5978 of 2013 the Assistant Government Pleader is expected to take steps in respect of deceased respondents. These matters are to be listed separately on 11th July 2016. Sd/- (T.V. NALAWADE, J. ) rsl