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Bombay High CourtCA/7758/2019disposed offdismissed for default

Ex. Engineer, Nimna Dudhana Prakalp Selu Thr Ex. Engineer, Jalna Irrigation Div. Jalna v. Udhavrao Ashruba Late And ORS

2020-09-04Hon'Ble Shri Justice V.L. Achliya2 pages

7758.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7758 OF 2019 IN FIRST APPEAL (STAMP) NO.15477 of 2019 Executive Engineer, Nimna Dudhana Prakalp ..APPLICANT -VERSUSUdhavrao S/o Ashruba Late (Died) Through his L.Rs.

a) Prayagbai Uddhavrao Late and others.

..RESPONDENTS ...

Mr.S.G. Sangle, Advocate for applicant.

Mr.P.K. Lakhotiya, AGP for respondent/State Mr.M.P. Tripathi, Advocate for respondent nos.1A to 1C.

...

CORAM: V.L. ACHLIYA,J.

DATE : 04.09.2020 ORAL ORDER:

The applicant has moved this application seeking condonation of 548 days delay in filing appeal for the reasons set out in detail in the application.

2.

Heard learned counsel for the applicant and the counsel representing the respondent Nos.1A to 1C.

7758.19CA.odt 3.

On due consideration of the submissions advanced in the light of unchallenged and uncontroverted pleadings made in the application assigning cause for condonation of delay, I am of the view that delay deserves to be condoned. Accordingly, application is allowed in terms of prayer clause "B". Delay condoned.

4.

Appeal be registered subject to removal of office objection, if any.

5.

Civil Application is disposed of in above terms.

[V.L. ACHLIYA] JUDGE SGA