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Bombay High CourtCA/8691/2015disposed offdismissed for default

The Executive Engineer Minor Irrigation Division 2, Sangamner v. Shravna Ganpat Bhangre And Another

2016-03-04Hon'Ble Shri Justice T.V. Nalawade3 pages

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 965 CIVIL APPLICATION NO.

VERSUS

SHANTARAM VITTHAL SABLE AND ANOTHER ...

Advocate for Applicant : Giri Umakant P.

AGP for Respondent 2 : R.P. Gaur Advocate for Respondent 1 : Bide Dnyaneshwar A ...

CORAM : T.V. NALAWADE, J.

DATED : 4th March, 2016.

ORDER :

1.

In delay condonation applications, heard both the

sides. The delay of 535 days is caused in filing appeals against the judgments and awards of Reference Court. It is contended and submitted for Acquiring Body that some time was consumed in getting certified copies of the judgments, some time was consumed in processing the matters and some time was consumed for obtaining sanction at various level. In view of these circumstances and submissions made, this Court holds that sufficient cause is shown. The applications are allowed. Delay is condoned.

2.

Notice in appeals. Learned counsel Shri. Bide waives notice for original claimants. The learned AGP waives notice for State.

3.

The learned counsel for original claimants submitted that stay was granted by this Court on 1.10.2015 and time of ten weeks was given, but the compensation amount is not yet deposited. But, the learned counsel for Acquiring Body submitted that the proposals are sent, but the amount is not yet received. As the order was conditional and sufficient time is elapsed, this Court holds that stay applications need to be disposed of. As the condition is not complied with, the applications filed for stay are disposed of as rejected.

4.

There is liberty to the Acquiring Body to move this Court after getting the amount.

5.

Call record and proceeding. Stand over to 9.8.2016. [ T.V. NALAWADE, J. ] ssc/