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Bombay High CourtCA/9564/2018disposed offdismissed for default

The Executive Engineer, Minor Irrigation Div. Latur Thr G.M.I.D.C., Aurangabad v. Bapurao Ganpati Sedape (Died) Thr Lrs Kondiba And ANR

2018-07-25Hon'Ble Shri Justice V.L. Achliya3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 CIVIL APPLICATION NO. 9554 OF 2018 IN FAST/18252/2018 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. LATUR THR G.M.I.D.C, AURANGABAD

VERSUS

NARAYAN LAXMAN KAMBLE WITH CIVIL APPLICATION NO. 9556 OF 2018 IN FAST/18315/2018 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. LATUR THR G.M.I.D.C, AURANGABAD

VERSUS

RAOSAHEB MAHADU KALE AND ANOTHER WITH CIVIL APPLICATION NO. 9558 OF 2018 IN FAST/18294/2018 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. LATUR THR G.M.I.D.C, AURANGABAD

VERSUS

GOVIND LAXMAN KAMBLE AND ANOTHER WITH CIVIL APPLICATION NO. 9560 OF 2018 IN FAST/18297/2018 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. LATUR THR G.M.I.D.C, AURANGABAD

VERSUS

LAXMAN NAGORAO KAMBLE AND ANOTHER WITH CIVIL APPLICATION NO. 9562 OF 2018 IN FAST/18310/2018 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. LATUR THR G.M.I.D.C, AURANGABAD

VERSUS

MAHADEO @ MAHADU LAXMAN KAMBLE AND ANOTHER WITH CIVIL APPLICATION NO. 9564 OF 2018 IN FAST/18307/2018 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. LATUR THR G.M.I.D.C, AURANGABAD

VERSUS

BAPURAO GANPATI SEDAPE (DIED) THR LRS KONDIBA AND ANOTHER WITH CCIVIL APPLICATION NO. 9566 OF 2018 IN FAST/18290/2018 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. LATUR THR G.M.I.D.C, AURANGABAD

VERSUS

GOPAL LAXMAN KAMBLE AND ANOTHER WITH CCIVIL APPLICATION NO. 9568 OF 2018 IN FAST/18302/2018 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. LATUR THR G.M.I.D.C, AURANGABAD

VERSUS

DATTU BALAJI WAGALGAVE AND OTHERS ...

Advocate for Applicant : Mr. Bhalerao Sudhir G. Advocate for Respondents : Mr. G.K. Sonatakke With Ms. P.G. Sontakke AGP for Respondent-State : Ms. S.S. Raut.

....

CORAM :

V.L. ACHLIYA, J.

DATED : 25th JULY, 2018 PER COURT:- 1.

Mr. Sontakke, Advocate appears for respondents - original claimants and submit that he has received instructions to appear in

the matter. He undertakes to file Vakalatnama within one week from today. Learned AGP waives notice for respondent-State. 2.

Heard the learned counsel for the applicant and respondents - original claimants as well as AGP for for the State. Perused the applications.

3.

It is the contention of the learned counsel for the applicant that the delay caused in filing the appeal is not deliberate, but cause due to the bonafide reasons as set out in respective applications 4.

Upon considering the over all facts pleaded in the applications and pleadings made in the applications seeking condonation of delay being unchallenged, I am inclined to allow the applications. Hence, the following order:

ORDER

(A) The applications are allowed in terms of prayer clause 'B' in respective applications.

(B) Appeals be registered and place for admission on 21.08.2018.

(C) Civil applications are disposed of.

( V.L. ACHLIYA ) JUDGE SPR