The Executive Engineer Medium Project Division Osmanabad v. Gulab Vithoba Kokate And Others

47 ca.4800.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

47 CIVIL APPLICATION NO. 4800 OF 2016 IN FAST/6270/2015 WITH CA/4801/2016 IN FAST/6270/2015 WITH CA/4802/2016 IN FAST/6275/2015 WITH CA/4803/2016 IN FAST/6275/2015 WITH CA/4804/2016 IN FAST/6282/2015 WITH CA/4805/2016 IN FAST/6282/2015 THE EXECUTIVE ENGINEER MEDIUM PROJECT DIVISION OSMANABAD

VERSUS

GULAB VITHOBA KOKATE AND OTHERS ...

Advocate for Applicant : None.

Advocate for Respondent No.1 : Mr. Ankush N. Nagargoje. AGP for Respondent / State & SLAO : Mr.C.V.Dharurkar. ...

CORAM :

V. K. JADHAV, J.

DATE :

10th April, 2017.

P.C.:

.

None present for the Applicant.

Respondent No.1 / original Claimant submits that the connected appeals from the same judgment and award passed by Reference Court preferred by the acquiring body bearing First Appeal No.1633 of 2014 and other connected appeals, came to be disposed of by this Court. The learned counsel submits that there is an inordinate delay of 1608 days caused in preferring the appeal and the delay has not been explained satisfactorily. The learned counsel submits that even in case the delay is condoned, no purpose would be served as the

47 ca.4800.16.odt appeals preferred by the acquiring body came to be dismissed by this Court in the aforesaid group of matters (First Appeal No.1633 of 2014 and other connected matters) In view of above, the civil applications seeking condonation of delay of 1608 days caused in preferring the appeals are hereby dismissed. Consequently, The first appeals shall be refused registration. Refund the court fees as per Rules. The civil applications seeking stay to the impugned judgment and award are also disposed of accordingly.

[ V. K. JADHAV, J. ] ndm