Maharashtra Housing And Area Development Aurangabad Thr The Deputy Engineer, Aurangabad v. Gangubai Narsing Sadanande And ANR

975 ca 14717.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 975 CIVIL APPLICATION NO. 14717 OF 2016 IN FAST/16363/2016 WITH CA/14718/2016 IN FAST/16363/2016 MAHARASHTRA HOUSING AND AREA DEVELOPMENT AURANGABAD THR THE DEPUTY ENGINEER, AURA

VERSUS

GANGUBAI NARSING SADANANDE AND ANR ...

Advocate for Applicants : Virdhe Bhushan V.

AGP for Respondents: A.M. Phule Advocate for Respondents : Sarawade Patil Dattatray. ...

CORAM : V.K. JADHAV, J.

DATE : 17-03-2017.

P.C. :

1.

Heard both the sides. The learned counsel for the applicant submits that, due to some administrative difficulties the appeals could not be preferred within limitation and therefore the delay has occurred. The counsel for the respondent-original claimant has not strongly resisted the application. 2.

In view of the above submission and for the reasons stated in the civil application, delay of 855 days caused in filing the first appeal is hereby condoned. Civil application is allowed and accordingly disposed of.

3.

The operation, implementation and execution of the impugned judgment and award is hereby stayed on the condition that the applicants shall deposit entire amount under award in this Court, within a period of 8 weeks from today, failing which this

975 ca 14717.16.odt order granting stay shall stand vacated automatically without reference to this Court. Civil application for stay is accordingly disposed of.

4.

Heard. Issue notice to the respondents, returnable on 05.05.2017. Learned counsel waives for the respondent original claimants and the learned A.G.P. waives for respondent-state. Call for record and proceedings.

(V.K. JADHAV) JUDGE mub