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Bombay High CourtCA/7593/2006admittedallowedgrantedrule absolute

Chief Officer, Osmanabad Municipal Council v. Sumitibai Rangnathrao Kulkarni And ORS

2016-07-29Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CA 7593 of 2006

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO. 7593 OF 2006 IN SAST/9532/2006 WITH CA/7594/2006 IN SAST/9532/2006 CHIEF OFFICER, OSMANABAD MUNICIPAL COUNCIL

VERSUS

SUMITIBAI RANGNATHRAO KULKARNI AND ORS -------- Shri. R.V. Naiknavare, Advocate, for applicant. Shri. J.R. Patil, Advocate, for respondent No.1 Shri. S.P. Sonpawale, Assistant Government Pleader, for respondent Nos.2 and 3.

-------- CORAM: T.V. NALAWADE, J.

DATE : 29 JULY 2016 ORDER:

1) Heard learned counsel for the applicant. Learned counsel for plaintiff is also heard.

2) In view of the contentions made and the submissions made and as nothing could have been achieved by not filing appeal in time by the local body, this Court holds that sufficient cause is shown. The application is allowed. Delay is condoned.

2 CA 7593 of 2006 3) Notice in second appeal. It i waived by learned counsel for original plaintiff and the AGP for respondent Nos.2 and 3. Call record and proceeding. List the matter for admission purpose on 2nd September 2016.

Sd/- (T.V. NALAWADE, J. ) rsl