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Bombay High CourtCA/4561/2019disposed offdismissed for default

Executive Engineer, Minor Irrigation Division, Osmanabad v. Shakuntala Sadhu Shinde And ORS

2019-07-26Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1064-ca-4561-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1064 CIVIL APPLICATION NO.4561 OF 2019 IN FAST/6469/2019 EXECUTIVE ENGINEER, MINOR RRIGATION DIVISION, OSMANABAD

VERSUS

SHAKUNTALA SADHU SHINDE AN ORS ...

Advocate for Applicant : Ms. Shelke Sunita Dasharat AGP for Respondents/State : Mr. P.M. Kulkarni Advocate for Respondent Nos.1 & 2 : Mr. A.S. More ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 26th JULY 2019 ORDER :

.

Learned Advocate Mr. More submits that he has instructions to appear for respondent Nos.1 and 2. He may file his Vakalatnama on or before 09.08.2019.

2.

Present application has been filed by the acquiring body for getting the delay of 1475 days condoned in filing first appeal. The acquiring body is challenging the judgment and award passed by the Reference Court. Learned Advocate for respondent Nos.1 and 2 is strongly objecting the application on the ground that the delay is huge and inordinate and has not been properly explained.

1064-ca-4561-19.doc 3.

Taking into consideration the reasons mentioned in paragraph Nos.3 and 4 of the application, liberal approach is taken, delay stands condoned.

4.

Civil Application stands allowed and disposed of accordingly.

5.

Registry to verify and register the first appeal and place it for further consideration on 14.01.2020.

( Smt. Vibha Kankanwadi, J. ) Shubham/