Bombay High CourtCA/9046/2017disposed offdismissed for default

The Ex. Engineer, Irrigation Project Reinforcement Department, Omerga And ORS v. Bhimrao Limba Mali

2017-07-07Hon'Ble Shri Justice V.K. Jadhav2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1050 CIVIL APPLICATION NO. 9044 OF 2017 IN FAST/21018/2017 WITH CA/9045/2017 IN FAST/21018/2017 WITH CA/9046/2017 IN FAST/21037/2017 WITH CA/9047/2017 IN FAST/21037/2017 WITH CA/9048/2017 IN FAST/21029/2017 WITH CA/9049/2017 IN FAST/21029/2017 WITH CA/9050/2017 IN FAST/21026/2017 WITH CA/9053/2017 IN FAST/21026/2017 WITH CA/9054/2017 IN FAST/20952/2017 WITH CA/9055/2017 IN FAST/20952/2017 WITH CA/9056/2017 IN FAST/21032/2017 WITH CA/9057/2017 IN FAST/21032/2017 THE EX. ENGINEER, IRRIGATIN PROJECT REINFORCEMENT DEPARTMENT, OMERGA AND ORS

VERSUS

RAMESHWAR KRISHNATH MALI ...

Advocate for Applicants : Mr. Karlekar Sujeet G. Advocate for respondent-claimants: Mr. L.C. Patil .....

CORAM : V. K. JADHAV, J.

DATED : 7th JULY, 2017 PER COURT:- 1.

Heard. Learned counsel for the applicant acquiring body submits that due to some administrative difficulties the appeals could not be preferred within limitation. The delay is not intentional one and the applicant acquiring body was prevented from sufficient cause to prefer appeals within limitation. Learned counsel for the respondentsclaimants has strongly resisted the applications. 2.

In view of above submissions and for the reasons stated in the civil applications, delay caused in filing first appeals is hereby condoned. Civil applications are disposed of.

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In so far as stay applications are concerned, pending, the hearing and final disposal of first appeals, the execution, implementation and operation of the impugned judgment and award under appeal is hereby stayed on the condition that the applicant shall deposit entire amount under award with accrued interest thereon, in this Court, within a period of 12 (twelve) weeks from today, failing which the order granting stay shall stand vacated automatically without further reference to the Court. Civil applications for stay are accordingly disposed of. 4.

In first appeals, issue notice to the respondents, returnable on 01.09.2017. Call for record and proceedings. ( V. K. JADHAV, J.) rlj/