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Bombay High CourtCA/5411/2015admittedallowedgrantedrule absolute

The Executive Engineer Irrigation Project Majbutikaran Divn, Omerga v. The State Of Maharashtra And Others

2017-03-17Hon'Ble Shri Justice V.K. Jadhav2 pages

953 ca 5411.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO. 5411 OF 2015 IN FAST/8008/2015 WITH CA/5405/2015 IN FAST/8091/2015 WITH CA/5406/2015 IN FAST/8091/2015 WITH CA/5407/2015 IN FAST/8179/2015 WITH CA/5408/2015 IN FAST/8179/2015 WITH CA/5409/2015 IN FAST/8094/2015 WITH CA/5410/2015 IN FAST/8094/2015 WITH CA/5412/2015 IN FAST/8008/2015 THE EXECUTIVE ENGINEER IRRIGATION PROJECT MAJBUTIKARAN DIVN, OMERGA

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Rajale Gulab B.

AGP for Respondents: C.V. Dharurkar ...

CORAM : V.K. JADHAV, J.

DATE : 17-03-2017.

P.C. :

1.

Heard the learned counsel for the applicant and the learned counsel appearing for the respondent-original claimants in civil application nos. 5405/15 and 5409/15. None appears for the respondent original claimants in other civil applications, though duly served.

2.

The learned counsel for the applicant submits that due to some administrative difficulties the appeals could not be preferred within the period of limitation and further time was also consumed in securing funds in respect of Court fees and other expenses. The learned counsel appearing for the respondents in the aforesaid civil applications strongly resisted the applications on the ground that the delay has not been explained satisfactorily.

953 ca 5411.15.odt 3.

In view of the above submissions and for the reasons stated in the civil application, delay of 503 days caused in filing the first appeals is hereby condoned. Civil application is allowed and accordingly disposed of.

4.

Heard. Issue notice to the respondents, returnable after vacation. Learned counsel waives for respondent original claimants. Learned A.G.P. waives for respondent nos. 1 and 2. Call for record and proceedings.

(V.K. JADHAV) JUDGE mub