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Bombay High CourtFA/3093/2015dismissed

Executive Engineer, Sina Kolegaon Project Division, Paranda And Others v. Angad Shivdas Chowgule (Died) Thr Lrs. Laxmi Angad Chowgule And ORS

2024-04-24Hon'Ble Shri Justice Y. G. Khobragade2 pages

942fa3093-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 FIRST APPEAL NO. 3093 OF 2015 EXECUTIVE ENGINEER, SINA KOLEGAON PROJECT DIVISION, PARANDA AND OTHERS

VERSUS

ANGAD SHIVDAS CHOWGULE (DIED) THR LRS. LAXMI ANGAD CHOWGULE AND ORS ...

Mr. Bhosale Sanjaykumar B., Advocate for Appellant-Absent Mr. A. S. More, Advocate for Respondents 1a To 1d And R/2-Absent

CORAM

: Y. G. KHOBRAGADE, J.

DATE : 24th April, 2024 ORDER:

1.

None appears for the appellant and the respondents. 2.

On the face of record, it appears that vide order dated 01.10.2015, the present appeal was admitted and the impugned judgment and award has been stayed on the condition that the appellant shall deposit the entire amount of compensation. Accordingly the appellant- Acquiring Body deposited the said amount. Vide order dated 21.06.2016, the Appeal was dismissed for want of prosecution, however, subsequently, it was restored. Further, vide order dated 7th April, 2017, the respondents/claimants were permitted to withdraw 75% of the compensation amount. Vide order dated 27.10.2023, the matter was posted for final hearing in second week of December, 2023. Thereafter, this matter time and again adjourned on the ground that

942fa3093-15 none appeared for the appellant. Today also, the learned counsel for the appellant remained absent.

3.

In view of the above, the appeal is dismissed under Order 41 Rule 17 of the Civil Procedure Code.

( Y. G. KHOBRAGADE, J. ) JPChavan