Bombay High CourtCA/12593/2018disposed offdismissed for default

The Ex. Engineer, Minor Irrigation Division, Jalgaon v. Kadu Kisan Patil (Died) Gayabai And ORS

2019-01-30Hon'Ble Shri Justice P.R. Bora3 pages

1 12593.2018.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

963 CIVIL APPLICATION NO.12593 OF 2018 IN FAST/22656/2018 WITH CA/12594/2018 IN FAST/22656/2018 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALGAON

VERSUS

KADU KISAN PATIL (DIED) GAYABAI AND ORS ...

WITH 964 CIVIL APPLICATION NO.12595 OF 2018 IN FAST/22644/2018 WITH CA/12596/2018 IN FAST/22644/2018 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALGAON.

VERSUS

REKHABAI DILIP PAWAR AND ORS ....

965 CIVIL APPLICATION NO.12609 OF 2018 IN FAST/22639/2018 WITH CA/12610/2018 IN FAST/22639/2018 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALGAON.

VERSUS

BHAGWAT NARAYAN CHAUDHARI AND ORS .....

966 CIVIL APPLICATION NO.12619 OF 2018 IN FAST/22653/2018 WITH CA/12620/2018 IN FAST/22653/2018 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALGAON.

VERSUS

NAMDEV NARAYAN CHAUDHARI AND ORS .....

2 12593.2018.CA.doc 967 CIVIL APPLICATION NO.12621 OF 2018 IN FAST/22624/2018 WITH CA/12622/2018 IN FAST/22624/2018 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALGAON

VERSUS

PRAKASH NARAYAN CHAUDHARI AND ORS ....

In all matters :

Advocate for Applicants : Shri S.S. Chillarge ; AGP's for Respondents - State & SLAO : Shri A.M. Phule, Shri S.J. Salgare & Shri P.M. Kulkarni ;

Advocate for respective Respondents : Shri V.P. Patil ...

CORAM : P.R. BORA, J.

Dated: January 30, 2019 PER COURT :

Heard the learned Counsel appearing for the respective parties. Though the learned Counsel appearing for the respondents - claimants has strongly opposed for condoning the delay, after having gone through the contents of the applications, the reasons as are stated in the applications cannot be outrightly rejected. I am, therefore, inclined to allow the present applications. Hence, the following order.

ORDER

(i) The delay for the period ranging between 462 to 553 days caused in filing the appeals is condoned. The appeals be registered in accordance with law. Civil Applications for

3 12593.2018.CA.doc condonation of delay stand disposed of.

(ii) On registration of the appeals, issue notice to the respondents. Learned Counsel Shri V.P. Patil waives notice for respective respondents. Learned AGP's waive notice for respondents - State and SLAO. Service complete. (iii) List the appeals for further consideration after eight weeks.

(iv) Call for Record & Proceedings.

( P.R. BORA, J. ) ggp