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Bombay High CourtCA/5670/2016disposed offdismissed for default

The Executive Engineer, Irrigation Project Majbutikarn Division, Omerga And ORS v. Kashinath Hanumant Katgave

2016-04-29Hon'Ble Shri Justice V.K. Jadhav2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5666 OF 2016 IN FAST/10193/2016 WITH CA/5667/2016 IN FAST/10193/2016 WITH CA/5668/2016 IN FAST/10513/2016 WITH CA/5670/2016 IN FAST/10513/2016 WITH CA/5671/2016 IN FAST/10510/2016 WITH CA/5672/2016 IN FAST/10510/2016 WITH CA/5673/2016 IN FAST/10507/2016 WITH CA/5674/2016 IN FAST/10507/2016 WITH CA/5676/2016 IN FAST/10490/2016 WITH CA/5677/2016 IN FAST/10490/2016 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT MAJBUTIKARN DIVISION, OMERGA AND ORS

VERSUS

SHANKAR VITHAL KUMBHAR ...

Advocate for Applicants : Mr. Karlekar Sujeet G. Advocate for Respondent-claimants : Mr. L.C. Patil .....

CORAM : V. K. JADHAV, J.

DATED : 29th APRIL, 2016 PER COURT:- 1.

Heard.

2.

Learned counsel for the applicants acquiring body submits that in respect of same acquisition proceedings, delay caused in filing the appeals by the acquiring body, has been condoned by this Court. Learned counsel for the respondents-original claimants also admits the same and he has not raised any serious objection for condonation of delay in these matters.

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In view the above statements and for the reasons stated in the applications for condonation of delay, the same are allowed and disposed of. Delay condoned.

4.

The effect, execution and implementation of the impugned judgment and awards is hereby stayed on the condition that the applicant-acquiring body shall deposit entire amount under respective awards, within 12 (twelve) weeks from today, in this court, failing which the stay granted by this order, shall stand vacated automatically without further reference to the court. Civil applications for stay are disposed of.

5.

In the first appeals, issue notice to the respondents, returnable on 24.6.2016.

6.

Mr. Patil, learned counsel, waives notice for respondentsclaimants in respective matters. Call for record and proceedings. ( V. K. JADHAV, J.) rlj/