The Executive Engineer L.M.I. Division Jalna v. Manorama Shankarrao Sawant And Others

CA-10024-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10024 OF 2015 IN FIRST APPEAL [STAMP] NO. 4694 OF 2015 The Executive Engineer, L.M.I, Division .. Applicant versus Manorama Shankarrao Sawant and others .. Respondents --- Mr. S. A. Deshpande, Advocate h/f Mr. Ruturaj C. Patil, Advocate for applicant Mr. D. M. Kakade, Advocate for respondent no.1 Mr. A. D. Namde, Asstt. Govt. Pleader for respondents no.2 & 3 CORAM :

SUNIL P. DESHMUKH, J.

DATE :

27th February, 2018 ORDER :

1.

Heard learned Advocate for applicants and learned counsel for respondent no. 1.

2.

Learned advocate Mr. Deshpande refers to contents of paragraph no. 2 of application and states that delay has been caused in the circumstances referred to in the application. He submits that delay has been caused in the official movement of the matter from one table to other and one department to

CA-10024-15.doc another. Applicants have not gained any benefit from the delay caused.

3.

Learned counsel for respondent purport to resist the application, stating that no credibility be given to submissions and reasons in the application since the contentions of the applicant have not been supported by placing anything on record.

4.

Although learned counsel for respondents submit so, they have not been able to challenge veracity of claims as would be appearing in civil application. In the circumstances, it would be expedient to grant the application. 5.

Civil application is, accordingly, allowed in terms of prayer clause (a) and is disposed of.

SUNIL P. DESHMUKH, JUDGE pnd