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Bombay High CourtCA/8639/2021delay condonatedrejected

The Exe. Engineer, Osmanabad Med. Pro. Div., Osmanabad v. Gulab Khuba Rathod And Others

2021-11-16Hon'Ble Shri Justice R. G. Avachat1 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8639 OF 2021 WITH CIVIL APPLICATION NO.8640 OF 2021 IN FIRST APPEAL NO.19014 OF 2021 The Executive Engineer, Osmanabad Medium Project Division ... APPLICANT

VERSUS

Shri Gulab Khuba Rathod & ors.

... RESPONDENTS .......

Mr. Mukul S. Kulkarni, Advocate for applicant Mr. S.S. Dande, A.G.P. for R.No.2 and 3 .......

CORAM :

R. G. AVACHAT, J.

DATE :

16th NOVEMBER, 2021 PER COURT :

In spite of service of notice, there is no appearance on behalf of respondent No.1. For the reasons given in the application, the same is allowed in terms of prayer clause (A). Delay condoned. Appeal be registered.

2.

On registration of appeal, notice be issued to respondents returnable on 25th January 2022. Learned A.G.P. waives service for respondents No.2 and 3.

3.

Call for record and proceedings.

4.

On oral request of learned counsel for the applicant, further time of ten weeks is granted to deposit the amount as has been directed vide order dated 24th August 2021. ( R. G. AVACHAT ) JUDGE fmp/-