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Bombay High CourtCA/5957/2017disposed offdismissed for default

The Ex. Engineer, L.I.D. Osmanabad Thr Sub- Div. Officer Hanumant V. More And ORS v. Shrihari Krushna Garad (Died) Lrs Kalpana And ORS

2017-09-22Hon'Ble Shri Justice K.L. Wadane2 pages

ca5957.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 5957 OF 2017 IN FAST/6411/2017 WITH CA/5960/2017 IN FAST/6658/2017 THE EX. ENGINEER, L.I.D. OSMANABAD THR SUB- DIV. OFFICER; HANUMANT V. MORE AND ORS

VERSUS

SHRIHARI KRUSHNA GARAD (DIED) LRS KALPANA AND ORS ...

Advocate for Applicants : Arora Shyam C Deshmukh Vivekanand B. For R/1 To 3 .....

CORAM : K.L.WADANE, J.

DATED : 22nd September, 2017 O R D E R :

This is an application filed by the appellants for condonation of delay caused in filing First Appeal.

2.

Heard learned counsel for the applicants.

None present for respondent nos. 1 to 3.

3.

The grounds stated for condonation of delay in the application are that the impugned judgment and award is passed on 18.6.2014. Thereafter, the applicants have applied for certified copies. The applicants sought the legal opinion from the advocate who conducted the

ca5957.17 Reference. The applicant is Government authority and has to take the approval and make budgetary provisions to file appeal from the Government. Certain time was consumed in receiving amount of court fee and after receipt of the same and after taking necessary instructions and guidance from the higher authorities, the appeal is presented. In that process, delay has been caused.

4.

The reasons stated in the application are reasonable and convincing to condone the delay. Delay is properly explained. Therefore, the delay is condoned.

5.

Civil Application is disposed of.

6.

In First Appeal, issue notice to the respondents, returnable on 4.12.2017.

7.

Call for R. and Ps.

(K.L.WADANE, J.) dbm