Godavari Marathwada Irrigation Development Corporation Ltd. Thr Sub- Divisional Engineer, Paithan v. Balkrushna Tulshiram Zinjurde And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.11470/2016 915 CIVIL APPLICATION NO. 11470 OF 2016 IN FAST/22186/2016 GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION LTD. THR SUB- DIVISIONAL ENGINEER, PAITHAN.

VERSUS

BALKRUSHNA TULSHIRAM ZINJURDE AND ANR ...

Advocate for Applicant : Mr.More P. P.

AGP for Respondent State: Mr. R.B.Bagul Mr.Gore Ravindra Vitthal, Adv., for respondent no.1. ...

CORAM : P.R. BORA, J.

Dated: July 11, 2017 ...

PER COURT :- 1.

Heard Shri More, learned Counsel appearing for the acquiring body, and Shri R.V.Gore, learned Counsel appearing for the original claimants, and learned A.G.P. , appearing for respondent State.

2.

Delay of 1394 days has occurred in filing the present appeal by the acquiring body. The reasons which are assigned for condonation of delay are as usual on the ground of procedural compliances. Learned Counsel for the original claimants, who opposed for condonation of delay, alternatively submitted that if the matter is immediately taken up for hearing, the complainant may not have objection to condone the delay and to hear the matter on merits. In view of the above, following order is passed: agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.11470/2016

ORDER

1.

The delay caused in filing the appeal is condoned. Appeal be registered in accordance with law. Civil Application stands disposed of.

2.

On registration of the appeal, issue notice to the respondents. Learned Counsel Shri Gore waives service for original claimants. Learned A.G.P. waives service for the State. Place the matter for hearing immediately.

( P.R. BORA, J. ) ...

agp/-