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Bombay High CourtCA/1470/2023delay condonatedrejected

The Executive Engineer Nimna Terna Kalwa Vibhag No 2 v. Shivaji Shripatrao Shinde And Others

2023-07-18Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 934 ca 1484-23+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO.1484 OF 2023 IN FAST/3721/2023 WITH CA/1470/2023 IN FAST/3862/2023 WITH CA/7890/2023 IN FAST/3862/2023 WITH CA/8722/2023 IN FAST/3721/2023 THE EXECUTIVE ENGINEER NIMNA TERNA KALWA VIBHAG NO 2

VERSUS

CHAMPABAI TRIMBAK SHINDE AND OTHERS ...

Advocate for Applicant : Mr. B. V. V. h/f Mr. A. M. Phule & Mr. N. D. Kendre in their respective matters Advocate for Respondent-State: Mr. S. N. Kendre ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 18/07/2023.

P. C. :

A) ORDER IN C.A. NO.1484 OF 2023 & C.A. NO.1470 OF 2023 : 1.

The appellant - acquiring body in both these applications is seeking condonation of delay periods mentioned therein, which appear to be caused due to obtaining sanctions at various stages. There is no strong objection from other side and therefore the delay periods in both these applications stand condoned. 2.

The appeals be placed for admission after removal of offce objections, if any. Applications are accordingly disposed of. B) ORDER IN C.A. NO.8722 OF 2023 :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the appeal being the legal representatives of sole claimant

2 934 ca 1484-23+ respondent No.1 Champabai Trimbak Shinde, who admittedly died on 13/06/2022, by condoning the delay of 218 days. 3.

There is no strong objection from other side and considering the right to defend, the application stands allowed in terms of prayer clause-B and C.

4.

The appellant - acquiring body is directed to carry out the amendment within stipulated period. Application is accordingly disposed of.

C) ORDER IN C.A. NO.7890 OF 2023 :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the appeal being the legal representatives of sole claimant - respondent No.1 Shivaji Shripatrao Shinde, who admittedly died on 17/08/2020, by condoning the delay of 323 days. 3.

There is no strong objection from other side and considering the right to defend, the application stands allowed in terms of prayer clause-B and C.

4.

The appellant - acquiring body is directed to carry out the amendment within stipulated period. Application is accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-