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Bombay High CourtCA/10079/2015disposed offdismissed for default

The Executive Engineer, Minor Irrigation Division No.1, Aurangabad And Another v. Reoji Gaoji Vanjare

2017-09-12Hon'Ble Shri Justice K.L. Wadane2 pages

945-947delay.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO. 10079 OF 2015 IN FAST/23167/2015 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION NO.1, AURANGABAD AND ANOTHER

VERSUS

REOJI GAOJI VANJARE WITH 946 CIVIL APPLICATION NO. 10082 OF 2015 IN FAST/23170/2015 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION NO.1, AURANGABAD AND ANOTHER

VERSUS

DASHRATH DHONDIRAM CHINDHE WITH 947 CIVIL APPLICATION NO. 10077 OF 2015 IN FAST/22922/2015 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION NO.1, AURANGABAD AND ANOTHER

VERSUS

ASARAM DHONDIRAM CHINDHE (DIED) THR LRS BHAUSAHEB ASARAM CHINDE ...

Advocate for Applicant : Mr. Ruturaj c. Patil Advocate for Respondent :Hajare Abhishek M.

CORAM

: K. L. WADANE, J.

DATE :

12th September, 2017 ORDER:

1.

Mr. Hazare, the learned counsel appearing for the respondent/claimants waives notice for respondents 1 and 2 in Civil Application No.10077/2015.

2.

Theses are applications for condonation of delay of 664 days caused in filing of the first appeals. From the grounds stated in the applications, it appears 1/2

945-947delay.odt that the delay is caused due to procedural aspect and administrative difficulty.

3.

Looking to the facts and circumstance of the case, the appellants has to follow the procedure for filing the appeal and after decision to file appeals, the appeals are presented to the court.

4.

In view of the above, for the reasons stated in the applications, the delay in filing the first appeals is hereby condoned. The Civil Applications for condonation of delay are disposed of. Appeals be registered.

5.

In first appeals, issue notice to the respondents. Mr. Hajare, the learned counsel waives notice for respondents/claimants.

6.

Call for record and proceedings.

(K. L. WADANE, J.) JPC 2/2