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Bombay High CourtCA/2114/2021delay condonatedrejected

The G.M.I.D.C., Thr The Ex. Engineer, Minor Irrigation Division, Latur And ORS v. Dattu Bajirao Suryawanshi (Died) Thr Lrs Pratap And ANR

2021-08-09Hon'Ble Shri Justice R. G. Avachat2 pages

1 84(a)-ca-2114-2021.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2114 OF 2021 IN FIRST APPEAL STAMP NO. 4082 OF 2020 The Godavari Marathwada Irrigation Development Corporation and others ... Applicants

Versus

Dattu Bajirao Suryawanshi Died, through his L.Rs.

1. Pratap Dattu Suryawanshi and another ... Respondents ....

Mr. A. M. Gaikwad, Advocate for applicants Mr. A. V. Sakolkar, Advocate h/f Mr. V. G. Sakolkar, Advocate for respondents ....

CORAM : R. G. AVACHAT, J.

DATED : 09th AUGUST, 2021 PER COURT :- .

Heard. Perused the application.

2.

Learned Advocate for the respondents - claimants relied on the judgment of the Hon'ble Supreme Court in the case of Office of the Chief Post Master General and Ors v. Living Media India Ltd. and Anr - AIR 2012 SC 1506. The facts thereof indicate, there was delay of 427 days in preferring the Special Leave Petition. Here is the case of First Appeal.

2 84(a)-ca-2114-2021.doc 3.

For the reasons given in the application, same is allowed in terms of prayer clause (A).

4.

Appeal be registered.

5.

On registration of appeal, issue notice to the respondents, returnable on 20th September, 2021. 6.

Mr. A. V. Sakolkar, learned Advocate holding for Advocate Mr. V. G. Sakolkar, waives service of notice on behalf of respondents.

7.

Call record and proceedings.

[ R. G. AVACHAT, J. ] SMS