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Bombay High CourtCA/11003/2014admittedallowedgrantedrule absolute

Municipal Council Osmanabad Through Its Chief Officer v. Shardabai Baburao Dange And Others

2017-08-31Hon'Ble Shri Justice K. K. Sonawane2 pages

1 911-CA-11001-14-+2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11101 OF 2014 IN FIRST APPEAL STAMP NO. 19751 OF 2014 Municipal Council Osmanabad ...APPLICANT versus Rameshwar Dagdu Sherkar Died Through L.Rs. Mahadevi and others ...RESPONDENTS .....

Mr. Ramesh V. Naiknaware, Advocate for applicant Mr. R.B. Babul, AGP for respondent Nos. 3 and 4 .....

WITH CIVIL APPLICATION NO. 11000 OF 2014 IN FIRST APPEAL STAMP NO. 19538 OF 2014 WITH CIVIL APPLICATION NO. 11003 OF 2014 IN FIRST APPEAL STAMP NO. 19753 OF 2014 ....

CORAM : K.K. SONAWANE, J.

DATED : 31st AUGUST, 2017.

Order :- 1.

Heard learned counsel for the applicant and learned AGP for respondents No. 3 and 4. Despite service of notice, none has caused appearance on behalf of respondents - original claimants. 2.

Perused the applications. The matter pertains to the condonation of delay. According to learned counsel for applicant, delay so caused is not intentional or deliberate, but caused due to compliance of official process. The learned Reference Court has granted compensation in exorbitant manner, therefore, he prayed to condone the delay by allowing the applications.

2 911-CA-11001-14-+2 3.

The learned AGP also prayed suitable order in the interest of justice may be passed.

4.

For the reasons stated in the civil applications, the same are allowed in terms of prayer clause "B". The delay caused in filing the first appeals against the impugned Judgment and Award is hereby condoned. Registry to requisite steps for further process. After registration of appeals, list the same for hearing on admission 26-09-2017 6.

The civil applications are allowed in aforesaid terms and disposed of.

Sd./- [ K. K. SONAWANE ] JUDGE MTK