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Bombay High CourtCA/11840/2015disposed offdismissed for default

Executive Engineer, Upper Pravara Dam Division Sangamner Under Gmidc Aurangabad And Another v. Rama Tukaram Munde

2019-12-18Hon'Ble Shri Justice Mangesh S. Patil2 pages

21.1.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 CIVIL APPLICATION NO.11840 OF 2015 IN FAST/21825/2015 EXECUTIVE ENGINEER, UPPER PRAVARA DAM DIVISION SANGAMNER UNDER GMIDC AURANGABAD A

VERSUS

RAMA TUKARAM MUNDE ...

Advocate for Applicant : Mr. Surwase B.R.

Advocate for Respondents No. R/1a To 1c & 1d-2 : Mr. D A Bide.

CORAM

: MANGESH S. PATIL, J.

DATE : 18/12/2019 PER COURT :

Heard both the sides.

2.

This is an application by the Acquiring Body for seeking condonation of delay of 263 days in preferring the appeal. 3.

The learned advocate for the Acquiring Body submits that it is a State machinery which has to function through its officers. Besides, it has to undergo set procedure before preferring the appeals. The time was spent in completing all these formalities. There was no ill-intention. Its right to prefer appeal cannot be deprived for the technical reasons. 4.

The learned advocate for the claimants opposes the application. 5.

For the reasons mentioned in the application, the delay is condoned.

6.

The Civil Application is disposed of.

1/2

21.1.odt 7.

Register the First Appeal. Issue notice after registration of the First Appeal. The learned advocate Mr. Bhide waives service. 8.

The First Appeal shall stand admitted.

9.

Call record and proceeding.

( MANGESH S. PATIL, J. ) mkd 2/2