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Bombay High CourtCA/9368/2016disposed offdismissed for default

The G.M.I.D.C. Aurangabad Thr The Exe Engineer, Minor Irrigation Div. Osmanabad And ORS v. Premnath Krishnaji Yemgar

2018-01-05Hon'Ble Shri Justice K. K. Sonawane2 pages

1 923-CA-9332-16-L

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9332 OF 2016 IN FAST/17413/2016 THE G.M.I.D.C. AURANGABAD THR THE EXE ENGINEER, MINORIRRIGATION DIV. OSMANABAD A

VERSUS

JAYKUMAR WAMANRAO JOSHI AND ANR ...

Advocate for Applicant : Mr. P. R. Tandale.

AGP for Applicants No. 2, 3 : Mr. B. V. Virdhe. Advocate for Respondents (original claimants) : Mr. A.B.Kale with Mr.B.K.Pawar.

...

WITH CA/9335/2016 IN FAST/17964/2016 WITH CA/9338/2016 IN FAST/17987/2016 WITH CA/9342/2016 IN FAST/17976/2016 WITH CA/9347/2016 IN FAST/18006/2016 WITH CA/9350/2016 IN FAST/18000/2016 WITH CA/9353/2016 IN FAST/17994/2016 WITH CA/9358/2016 IN FAST/18015/2016 WITH CA/9361/2016 IN FAST/18011/2016 WITH CA/9364/2016 IN FAST/18030/2016 WITH CA/9368/2016 IN FAST/18026/2016 WITH CA/9372/2016 IN FAST/18019/2016 ...

CORAM : K.K. SONAWANE, J.

DATED : 5TH JANUARY, 2018.

Order :- Heard learned counsel for applicant- Acquiring Body. 2.

Perused the applications.

3.

The present applications are filed for seeking leave to prefer appeals against the impugned Judgment and Award passed by the Civil Judge, Senior Division, Reference Court in petitions filed u/s. 18 of the Land Acquisition Act, 1894.

4.

It has been submitted that the Executive Engineer, Minor Irrigation Division, Osmanabad has already impleaded as party respondent in original petition filed under Section 18 of the Land Acquisition Act, 1894. The respondent Corporation has given an

2 923-CA-9332-16-L authority to look after the project of irrigation in the Osmanabad Division. The applicant - Corporation is intending to agitate the findings of the Reference Court by filing First Appeal in this Court. In such circumstances, the applicant seeks permission to present appeal for redressal of grievances.

5.

The learned counsel for respondents (original claimants) has no objection to grant the applications.

6.

In view of submissions and no objection on the part of original claimants, the applications stands allowed in terms of prayer clause 'A'. The applicant-Acquiring Body is hereby permitted to present First Appeal against impugned Judgment and Award passed by the Reference Court. The civil applications stand disposed of accordingly. [ K. K. SONAWANE ] JUDGE rrd.