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Bombay High CourtCA/12008/2018disposed offdismissed for default

Ex. Engineer, Irrigation Project Strengthening Div. Omerga Thr M.K.V.D.C. Pune And ORS v. Digambar Daulatrao Patil (Died) Thr Lrs Kashibai And ORS

2018-09-29Hon'Ble Shri Justice P.R. Bora2 pages

1 12008.2018.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

909 CIVIL APPLICATION NO. 12008 OF 2018 IN FAST/13906/2018 EX. ENGINEER, IRRIGATION PROJECT STRENGTHENING DIV. OMERGA THR M.K.V.D.C. PUNE AND ORS ..Applicants

VERSUS

DIGAMBAR DAULATRAO PATIL (DIED) THR LRS KASHIBAI AND ORS ..Respondents ...

Advocate for Applicants : Shri S.G. Karlekar Advocate for respondents No.1A to 1F : Shri P.S. Chavan ...

CORAM : P.R. BORA, J.

Dated: September 29, 2018 PER COURT :

1.

Learned Counsel Shri P.S. Chavan has instructions to appear in the matter for all the respondents. Heard Shri Karlekar the learned Counsel appearing for the Acquiring Body and Shri Chavan the learned Counsel appearing for the respondents - claimants.

2.

The delay appears to have been sufficiently explained. I am, therefore, inclined to allow the application. Hence, the following order.

ORDER

(i) Delay caused of 1203 days in filing the appeal is condoned. The appeal be registered in accordance with law.

2 12008.2018.CA.doc Civil Application for condonation of delay stands disposed of. (ii) On registration of the appeal, issue notice to the respondents. Learned Counsel Shri Chavan waives service of notice for the respondents. Service complete. (iii) List the appeal for further consideration after eight weeks.

( P.R. BORA, J. ) ggp