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Bombay High CourtCA/5820/2017admittedallowedgrantedrule absolute

The Ex. Engineer, L.I.D. Osmanabad Thr Hajimalang C. Shaikh Sub Div. Osmanabad And ORS v. Shripati Vitthal Patil And ANR

2017-07-21Hon'Ble Shri Justice V.K. Jadhav1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1071 CIVIL APPLICATION NO. 5818 OF 2017 IN FAST/6401/2017 WITH CA/5820/2017 IN FAST/6678/2017 THE EX. ENGINEER, L.I.D. OMANABAD THR H.C. SHAIKH ATLIFT IRRIGATION SUB-DIV, PA

VERSUS

VITTHAL RAOJI PATIL (DIED)LRS RUKMINIBAI AND ORS ...

Advocate for Applicant : Mr Arora Shyam C ...

CORAM : V.K. JADHAV, J.

Dated: July 21, 2017 ...

PER COURT :- 1.

Heard the learned counsel for the applicant. None appears for the respondents though duly served. 2.

Learned counsel for the applicant-acquiring body submits that, due to some official difficulties appeal could not be preferred within the period of limitation. Delay is not intentional one and the applicant State is prevented from sufficient cause to prefer an appeal within limitation. 3.

For the reasons stated in the application, delay of 587 days caused in filing the appeal is hereby condoned. Civil applications are accordingly allowed and disposed of. 4.

In appeal, issue notice to the respondents, returnable on 22.9.2017.

5.

Call Record and Proceeding.

( V.K. JADHAV, J. ) ...

aaa/-