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Bombay High CourtCA/6219/2016disposed offdismissed for default

The Executive Engineer, Irrigation Project Majbutikarn Division, Omerga And ORS v. Ankush Ram Phukate

2016-08-19Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.6215/2016gr 920 CIVIL APPLICATION NO. 6215 OF 2016 IN FAST/6592/2016 WITH CA/6219/2016 IN FAST/6672/2016 WITH CA/6223/2016 IN FAST/6678/2016 WITH CA/6235/2016 IN FAST/6681/2016 WITH CA/6237/2016 IN FAST/6675/2016 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT MAJBUTIKARN DIVISION, OMERGA AND ORS

VERSUS

BHIMA MUKINDA MAMALE (JAMADAR) ...

Advocate for Applicants : Mr.Karlekar Sujeet G. Mr.A.B.Kale, Advocate for Respondents / original claimants. ...

CORAM : P.R. BORA, J.

Dated: August 19, 2016 ...

PER COURT :- 1.

Delay of 867 days has occurred in filing the present appeals by the acquiring body. Shri Karlekar, learned Counsel appearing for the acquiring body submits that in obtaining approval for filing the present appeals and in making the compliances, time was consumed and for aforesaid reasons, the appeals could not be filed within the stipulated period of limitation. Learned Counsel submits that there are valid grounds raised by the acquiring body in exception to the awards impugned in the AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.6215/2016gr present appeals. Learned Counsel further submits that the delay caused is unintentional and shall be condoned so as to provide an opportunity to the appellants / applicants for contesting the matters on merits.

2.

Shri A.B.Kale, learned Counsel appearing for the original claimants though has opposed for condoning the delay, for the reasons stated in the applications which, according to me, are just and sufficient, the delay caused in filing the appeals is condoned. Civil Applications for condonation of delay stands disposed of.

3.

The appeals be registered in accordance with law.

4.

Issue notice to the respondents in the appeals returnable after six weeks. Shri A.B.Kale, learned Counsel, waives service for original claimants in all these appeals.

5.

Place the appeals for admission after six weeks. S.O. to 29.9.2016.

( P.R. BORA, J. ) ...

AGP/-