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Bombay High CourtCA/3745/2016disposed offdismissed for default

Regional Office M.I.D.C. Latur v. Baban Venkatrao Patil And ANR

2017-01-13Hon'Ble Shri Justice V.K. Jadhav1 pages

970 ca 3745.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 970 CIVIL APPLICATION NO. 3745 OF 2016 IN FAST/8351/2016 WITH CA/3746/2016 IN FAST/8351/2016 BABAN VENKATRAO PATIL

VERSUS

THE REGIONAL OFFICE M.I.D.C. LATUR AND ANR ...

Advocate for Applicant : Patil G.N.

AGP for Respondents: A.M. Phule Advocate for Respondents : S.s. Dande for R/1 ...

CORAM : V.K. JADHAV, J.

DATE : 13-01-2017.

P.C. :

1.

The learned counsel for the applicants submits that, due to administrative difficulty the appeal could not be preferred within limitation. I have also heard the learned counsel for the respondent original claimants. In view of the submissions above and for the reasons stated in the civil application, civil application is allowed in terms of prayer clause 'B' and the delay of 165 days caused in filing the first appeal is hereby condoned. Civil application is allowed and accordingly disposed of.

2.

In view of the order passed earlier civil application for stay stands disposed of.

3.

Heard. Issue notice to the respondents. Learned counsel Shri S.S. Dande, waives for the respondent-claimants and learned A.G.P. Shri A.M. Phule, waives for respondent-state. Call for record and proceedings.

(V.K. JADHAV) JUDGE mub