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Bombay High CourtCA/5537/2015admittedallowedgrantedrule absolute

The Executive Engineer, Irrigaion Project Strengthening Division, Omerga, Osmanabad v. Narayan Laxman Shinge And Others

2017-08-31Hon'Ble Shri Justice K. K. Sonawane2 pages

1 912-CA-5539-15+3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5539 OF 2015 IN FIRST APPEAL STAMP NO. 15615 OF 2014 The Executive Engineer, Irrigation Project Strengthening Division, Omerga, Osmanabad ...APPLICANT versus Prakash Mahadu Mule and others ...RESPONDENTS .....

Mr. Shirish S. Sangle, Advocate for applicant Mr. C.V. Dharukar, AGP for respondents No. 7 and .....

WITH CIVIL APPLICATION NO. 5537 OF 2015 IN FIRST APPEAL ST.NO. 15624 OF 2014 CIVIL APPLICATION NO. 5535 OF 2015 IN FIRST APPEAL ST.NO. 15609 OF 2014 CIVIL APPLICATION NO. 5533 OF 2015 IN FIRST APPEAL ST.NO. 15621 OF 2014 ....

CORAM : K.K. SONAWANE, J.

DATED : 31st AUGUST, 2017.

Order :- 1.

Heard learned counsel for the applicant and learned AGP for respondents - State authorities. Despite service of notice, none has caused appearance on behalf of respondents - original claimants. 2.

Perused the applications. The matter pertains to the condonation of delay. According to learned counsel for applicant, delay so caused is not intentional or deliberate, but caused due to compliance of official process. The learned Reference Court has granted compensation in exorbitant manner, therefore, he prayed to condone the delay by allowing the applications.

2 912-CA-5539-15+3 3.

The learned AGP also prayed suitable order in the interest of justice may be passed.

4.

For the reasons stated in the civil applications, the same are allowed in terms of prayer clause "B". The delay caused in filing the first appeals against the impugned Judgment and Award is hereby condoned. Registry to requisite steps for further process. After registration of appeals, list the same for hearing on admission 28-09-2017 6.

The civil applications are allowed in aforesaid terms and disposed of accordingly.

Sd./- [ K. K. SONAWANE ] JUDGE MTK