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Bombay High CourtCA/11808/2017disposed offdismissed for default

The Ex. Engineer, Thr Rohan Daulatrao Desai Asst. Engineer, - I Minior Irrigation Z.P Osmanabad v. Bharat Tatyba Jadhav And ORS

2018-10-22Hon'Ble Shri Justice Sunil P. Deshmukh,Hon'Ble Shri Justice K. K. Sonawane1 pages

1 2-CA-11808-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11808 OF 2017 IN FIRST APPEAL STAMP NO. 21257 OF 2017 The Executive Engineer Through Rohan Daulatrao Desai Asstt Engineer Minor irrigation Z. P. Osmanabad Applicant

VERSUS

Bharat Tatyaba Jadhav and others Respondents ...

Mr. M.B. Sandanshiv, Advocate h/f Mr. S.N. Rodge, Advocate for applicant. Mr. R. V. Naiknavare, Advocate for respondent No. 1. Mr. S. N. Kendre, AGP for respondents No. 2 and 3. ...

CORAM : SUNIL. P. DESHMUKH & K. K. SONAWANE, JJ.

DATED : 22nd OCTOBER, 2018.

ORDER :- 1.

Heard learned counsel for parties.

2.

For the reasons contained in the application as well as having regard to the decision of Supreme Court in the cases of Collector, Land Acquisition, Anantnag and another Versus Mst. Katiji and others reported in AIR 1987 Supreme Court 1353, Esha Bhattacharya Vs. Managing Committee of Raghunathpur Nafar Academy and others reported in (2013) 12 Supreme Court Cases 649 and decision of learned Single Judge [Coram: K. K. Sonawane, J.] in the G.M.I.D.C. Ltd. Aurangabad through the Executive Director Versus Babasaheb Bhachand Kothule and another (Civil Application No. 12741 of 2016 and connected matters), which is often referred to, the delay is condoned.

3.

Civil application is disposed of accordingly. ( K. K. SONAWANE, J. ) ( SUNIL P. DESHMUKH, J. ) MTK.