Bombay High CourtCA/6373/2016disposed offdismissed for default

Executive Engineer, Osmanabad Minor Irrigation Division, Osmanabad Under Gmidc Aurangabad And ORS v. Manohar Baburao Hogale

2017-01-16Hon'Ble Shri Justice V.K. Jadhav2 pages

ca6362.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6362 OF 2016 IN FAST/7155/2016 WITH CA/6363/2016 IN FAST/7155/2016 WITH CA/6364/2016 IN FAST/7200/2016 WITH CA/6365/2016 IN FAST/7200/2016 WITH CA/6366/2016 IN FAST/7197/2016 WITH CA/6367/2016 IN FAST/7197/2016 WITH CA/6368/2016 IN FAST/7206/2016 WITH CA/6369/2016 IN FAST/7206/2016 WITH CA/6370/2016 IN FAST/7209/2016 WITH CA/6371/2016 IN FAST/7209/2016 WITH CA/6372/2016 IN FAST/7212/2016 WITH CA/6373/2016 IN FAST/7212/2016 WITH CA/6374/2016 IN FAST/7203/2016 WITH CA/6375/2016 IN FAST/7203/2016 WITH CA/6376/2016 IN FAST/7194/2016 WITH CA/6377/2016 IN FAST/7194/2016 WITH CA/6378/2016 IN FAST/7191/2016 WITH CA/6379/2016 IN FAST/7191/2016 EXECUTIVE ENGINEER, OSMANABAD MINOR IRRIGATION DIVISION, OSMANABAD UNDER GMIDC AU

VERSUS

ASHOK GOVERDHAN JAMALE AND ORS ...

Advocate for Applicant : Mr. Surwase B. R.

Advocate for Respondents-claimants : Mr. L.C. Patil .....

CORAM : V. K. JADHAV, J.

DATED : 16th JANUARY, 2017 PER COURT:- 1.

Learned counsel for the acquiring body submits that due to administrative difficulties, the first appeals could not be preferred within time and therefore, delay has been occurred. Learned counsel for the respondents-claimants has strongly resisted the applications. 2.

In view of above submissions and for the reasons stated in the applications, I am satisfied that delay has been properly explained. Civil applications for condonation of delay are allowed and the delay

ca6362.16 -2occurred in filing the first appeals is hereby condoned. Civil applications are accordingly disposed of.

In first appeals, notice to the respondents, returnable on 13.02.2017. Learned counsel waives notice for respondentsclaimants. Call for record and proceedings. 4.

In so far as stay applications are concerned, pending, the hearing and final disposal of first appeals, the execution, implementation and operation of the impugned judgment and award under appeals is hereby stayed on the condition that the applicant shall deposit entire amount under award with accrued interest thereon, in this Court, within a period of 12 (twelve) weeks from today, failing which the order granting stay shall stand vacated automatically without further reference to the Court. Civil applications for stay are accordingly disposed of. ( V. K. JADHAV, J.) rlj/