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Bombay High CourtCA/8481/2023delay condonatedrejected

The Executive Engineer, Minor Irrigation Division, Osmanabad And ORS v. Dattatray Tukaram Thorat

2023-10-20Hon'Ble Shri Justice Arun R. Pedneker2 pages

8481.23CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 CIVIL APPLICATION NO.8481 OF 2023 IN FAST/19935/2023 WITH CIVIL APPLICATION NO.8482 OF 2023 IN FAST/19935/2023 WITH FIRST APPEAL STAMP NO.19935 OF 2023 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD & OTHERS

VERSUS

DATTATRAY TUKARAM THORAT ...

Advocate for the applicants : Mr.S.P.Sonpawale ...

CORAM :ARUN R. PEDNEKER, J.

DATE :20.10.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR DELAY 1] The present Civil Application is filed to condone the delay of 2532 days in filing the First Appeal. 2] None present for the respondent though served. 3] For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Appeal be registered. Civil Application is disposed of accordingly.

8481.23CA B] ORDER IN CIVIL APPLICATION FOR STAY There shall be stay to the impugned award of compensation subject to deposit of entire award amount as directed by the Reference Court along with interest accrued thereon till date within a period 12 weeks from today. C] ORDER IN FIRST APPEAL Issue notice to the respondents returnable on 2nd February, 2024.

[ARUN R. PEDNEKER] JUDGE DDC