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Bombay High CourtCA/624/2018disposed offdismissed for default

The Ex. Engineer, Minor Irrigation Strengthening Div. Omerga And ANR v. Jaising Namdeo Surwade

2019-12-17Hon'Ble Shri Justice Mangesh S. Patil2 pages

28.CA.dly.624.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 28 CIVIL APPLICATION NO.624 OF 2018 IN FAST/11974/2017 WITH 28.2 CA/626/2018 IN FAST/12702/2017 WITH 28.4 CA/630/2018 IN FAST/12699/2017 THE EX. ENGINEER, MINOR IRRIGATION STRENGTHENING DIV. OMERGA AND ANR

VERSUS

JAISING NAMDEO SURWADE ...

Advocate for Applicants : Mr. Bhosale Sanjaykumar B. ...

CORAM

: MANGESH S. PATIL, J.

DATE : .17.12.2019 PER COURT :

Heard.

2.

These are the applications for condonation of delay of 1372 days for preferring the appeals by the acquiring body. 3.

The learned advocate for the acquiring body submits that the applications contain the grounds which cumulatively led for the delay. The delay has occasioned bona fide. There was no ulterior motive. The acquiring body carries heavy burden of interest and it was not to gain anything by allowing the appeals to be barred by time and the delay may be condoned.

4.

The respondents claimants having been duly served but having 1/2

28.CA.dly.624.18.odt not appeared, the grounds mentioned in the applications have gone unchallenged.

5.

For all the aforementioned reasons, the delays are condoned. Register the appeals. Issue notice to the respondents after registration, returnable within 12 weeks.

6.

Call record and proceedings.

(MANGESH S. PATIL, J.) habeeb 2/2