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Bombay High CourtCA/5878/2017disposed offdismissed for default

Namdev Sitaram Attarde (Mahajan) v. The Special Land Acquisition Officer, U.T.P.H. No-1, Jalgaon And ORS

2017-12-21Hon'Ble Shri Justice K.L. Wadane3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 5878 OF 2017 IN FAST/7602/2017 NAMDEV SITARAM ATTARDE (MAHAJAN)

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H. NO-1, JALGAON AND ORS WITH 919 CIVIL APPLICATION NO. 5879 OF 2017 IN FAST/7596/2017 SHAMKANT CHAVDAS BHANGALE (SINCE DECEASED) THR LRS NARENDRA SHAMKANT BHANGALE AND

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H. NO-1, JALGAON AND ORS WITH 920 CIVIL APPLICATION NO. 5880 OF 2017 IN FAST/7604/2017 KHUSHAL CHAVDAS BHOLE

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H. NO-1, JALGAON AND ORS WITH 921 CIVIL APPLICATION NO. 5881 OF 2017 IN FAST/7598/2017 KAUTIK DAMU BHANGALE (SINCE DECEASED) THR LRS GALUDASKAUTIK BHANGALE AND ORS

VERSUS

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THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H. NO-1, JALGAON AND ORS WITH 922 CIVIL APPLICATION NO. 5896 OF 2017 IN FAST/7600/2017 VASANT ZIPRU CHAUDHARI (SINCE DECEASED) THR LRS JITENDRA V. CHAUDHARI AMD ORS

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H. NO-1, JALGAON AND ORS ...

Advocate for Applicant : Mr. Wani Girish V.

AGP for Respondents No. 1 : Mr.A.B.Phule Advocate for Respondent No. 2 & 3 : Mrs. Kutti Choudhary Chaitali R.

CORAM

: K. L. WADANE, J.

DATE :

21st December, 2017 ORDER:

1.

These are the applications for condonation of delay caused for filing First Appeals.

2.

Heard learned counsel appearing for the respective applicants, learned A.G.P. for respondent No. 1 and learned counsel for respondents No. 2 and 3/acquiring body.

3.

Learned counsel appearing for the respondents No. 2 and 3 opposes the applications on the ground that there is inordinate delay in filing the appeals. 4.

I have perused the reasons/grounds stated by the 2/3

applicants in the applications. There is delay ranging from 172 to 334 days caused for filing first appeals. On perusal of the reasons in the applications, I am satisfied that the delay has been properly explained. The delay is not intentional but it is accidental. Therefore, the delay caused for filing first appeals needs to be condoned.

5.

Civil Applications are allowed. Delay caused for filing first appeals is condoned.

6.

Civil Applications are disposed of.

7.

In the First Appeals issue notice to the respondents. Learned A.G.P. waives service of notice for respondent No. 1 and learned counsel waives service of notice for respondents No. 2 and 3/Acquiring Body. 8.

Call Record and Proceedings.

9.

Stand over to 13.02.2018.

(K.L.WADANE,J.) mkd 3/3