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Bombay High CourtCA/4862/2021delay condonatedrejected

The Municipal Council, Tuljapur Thr Its Chief Officer v. Shobha Anil Trikone And ANR

2023-07-11Hon'Ble Shri Justice Sandipkumar C. More2 pages

957-CA-4862-2021

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 957 CIVIL APPLICATION NO. 4862 OF 2021 IN FIRST APPEAL (ST) NO. 18335 OF 2019 WITH CA/4863/2021 IN FAST/18335/2019 THE MUNICIPAL COUNCIL TULJAPUR THR ITS CHIEF OFFICER

VERSUS

SHOBHA ANIL TRIKONE AND ANOTHER ...

Mr. K.K. Kulkarni - Advocate for Applicant Mr. S.P. Tiwari - AGP for Respondent No.2 Mr. R.H. Bhapkar - Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 11th July, 2023 PER COURT :

CIVIL APPLICATION NO. 4862 OF 2021 1.

The appellant - acquiring body is seeking condonation of delay of 2815 days, which appears to be cause due to obtaining sanctions at various stages. Though the application is opposed by the learned Counsel for the respondent - claimant but considering the statutory right of the appellant - acquiring body the delay of 2815 days stands condoned. 2.

The appeal be placed for admission after removal of office Pooja K.

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957-CA-4862-2021 objections, if any.

3.

The application is accordingly disposed of.

CIVIL APPLICATION NO. 4863 OF 2021 4.

Since there is no interim relief granted in favour of the appellant - acquiring body, the respondent - claimant is at liberty to pursue the remedy of execution proceeding for recovery of compensation amount.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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