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Bombay High CourtCA/3353/2017disposed offdismissed for default

The Ex. Engineer, Lift Irrigation Division, Osmanabad Thr G.M.I.D.C Aurangabad v. Madhukar Pandurang Sherkar And ORS

2019-06-25Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO.3353 OF 2017 IN FAST/5423/2017 THE EX. ENGINEER, LIFT IRRIGATION DIVISION, OSMANABADTHR G.M.I.D.C AURANGABAD

VERSUS

MADHUKAR PANDURANG SHERKAR AND ORS ...

Advocate for Applicant : Absent.

AGP for Respondents No.2 and 3 : Mr. A. M. Phule. Advocate for Respondent No.1: Mr. Deshmukh Vivekanand B. ...

WITH CIVIL APPLICATION NO.3356 OF 2017 IN FAST/5432/2017 ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 25-06-2019.

PER COURT :

1.

Both these applications have been filed for getting the delay of 871 days condoned in filing first appeal. The acquiring body intends to challenge the Judgment and award passed by learned Civil Judge, Senior Division, Osmanabad dated 05-07-2014.

2.

Though the original claimant No.1 is represented by advocate, he is not present today. Original claimant is absent. Learned AGP is present. Therefore, taking into consideration the fact that whatever has been stated which prompted, whatever reasons have been given in

CA 3353-2017 paras No.2 and 3 in the application, the delay stands condoned. The application is allowed and disposed of accordingly. 3.

Registry to verify and register the first appeal and place it for consideration on 04-11-2019.

(SMT. VIBHA KANKANWADI) JUDGE vjg/-