The Ex. Engineer, Irrigation Project Majbutikaran Division, Omerga And ORS v. Kisan Rama Chavan (Dead) Thr Lrs Ratnabai And ORS

ca9658.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 9658 OF 2017 IN FAST/21069/2017 The Executive Engineer, Irrigation Peroject Majbutikaran Division, Omerga, Dist. Osmanabad & ors.

... Applicants

VERSUS

Mohan Rama Chavan ... Respondent AND C.A.NO. 9656/2017 IN FAST/21535/2017 C.A.NO. 9660/2017 IN FAST/21538/2017 .....

Mr. S.G.Karlekar, advocate for the applicants Mr. L.C.Patil, A.G.P for respondent/s .....

CORAM : K.L.WADANE, J.

DATED : 13th October, 2017 O R D E R :

These are the applications for condonation of delay of 1035 days caused in filing First Appeal. 2.

Heard learned counsel for both the sides.

3.

From the contents of the application, it appears that the Reference Court rendered the judgment and award on 2.5.2014. After passing of the award,

ca9658.17 advocate for the applicants have applied for certified copies on 25.6.2014. Copies were ready for delivery on 18.7.2014.

On 20.7.2014 the advocate for the applicants has communicated the receipt of the certified copies and the office of the applicants received the same on 22.7.2014. Copies were sent to the higher office of the applicants at Pune for opinion and after approval, appeal proposal was sent for preparation of appeal. Head office of the applicants called information about the expenses for court fee and other miscellaneous expenses. In that process, delay has been caused.

4.

The other side has no objection.

5.

Hence, for the reasons stated in the application, delay caused in filing First Appeal is hereby condoned.

6.

Civil Applications are disposed of.

7.

In First Appeals, issue notice to the respondents, returnable on 8.12.2017.

8.

Mr. Patil, learned counsel waives service of notice for the respective respondent/s.

(K.L.WADANE, J.) dbm