Bombay High CourtCA/14964/2013disposed offdismissed for default

The Executive Engineer, Minor Irrigation Division, Jangamwadi v. Govind Tukaram Musale And Others

2017-07-07Hon'Ble Shri Justice V.K. Jadhav2 pages

974 ca14955.13 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 974 CIVIL APPLICATION NO. 14955 OF 2013 IN FAST/18031/2013 WITH CA/14956/2013 IN FAST/18031/2013 WITH CA/14957/2013 IN FAST/18006/2013 WITH CA/14958/2013 IN FAST/18006/2013 WITH CA/14959/2013 IN FAST/18015/2013 WITH CA/14960/2013 IN FAST/18015/2013 WITH CA/14961/2013 IN FAST/18020/2013 WITH CA/14962/2013 IN FAST/18020/2013 WITH CA/14963/2013 IN FAST/18010/2013 WITH CA/14964/2013 IN FAST/18010/2013 WITH CA/14965/2013 IN FAST/18027/2013 WITH CA/14966/2013 IN FAST/18027/2013 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JANGAMWADI

VERSUS

NAMDEO VITHALRAO JAIBHAYE AND ANOTHER ...

Advocate for Applicant : Mr. Dhongade Suresh D. AGP for Respondent State/authority: Mr. Mr. S.N. Morampalle Advocate for Respondents-claimants : Mr. G.N.Chincholkar .....

CORAM : V. K. JADHAV, J.

DATED : 7th JULY, 2017 PER COURT:- 1.

Learned counsel for the applicant acquiring body submits that due to some administrative difficulties the appeals could not be preferred within limitation. The delay is not intentional one and the applicant acquiring body was prevented from sufficient cause to prefer appeals within limitation.

In view of above submissions and for the reasons stated in the civil applications, delay caused in filing first appeals is hereby condoned. Civil applications are disposed of.

974 ca14955.13 -23.

In so far as stay applications are concerned, pending, the hearing and final disposal of first appeals, the execution, implementation and operation of the impugned judgment and award under appeals is hereby stayed on the condition that the applicant shall deposit entire amount under award with accrued interest thereon, in this Court, within a period of 12 (twelve) weeks from today, failing which the order granting stay shall stand vacated automatically without further reference to the Court. Civil applications for stay are accordingly disposed of. 4.

In first appeals, heard. Issue notice to the respondents, returnable on 18.08.2017. Learned counsel waive notice for respondents-claimants and learned A.G.P. waives notice for respondent-State/authority. Call for record and proceedings. ( V. K. JADHAV, J.) rlj/