Executive Engineer, Minor Irrigation Division, Zilla Parishad Parbhani v. Keshav Dashrath Aadhe And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 62 CIVIL APPLICATION NO.10934 OF 2018 IN FAST/23270/2018 WITH CA/10928/2018 IN FAST/23724/2018 WITH CA/10929/2018 IN FAST/23724/2018 WITH CA/10930/2018 IN FAST/23735/2018 WITH CA/10931/2018 IN FAST/23735/2018 WITH CA/10932/2018 IN FAST/23730/2018 WITH CA/10933/2018 IN FAST/23730/2018 WITH CA/10935/2018 IN FAST/23270/2018 WITH CA/10936/2018 IN FAST/23719/2018 WITH CA/10937/2018 IN FAST/23719/2018 EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, ZILLA PARISHAD PARBHANI

VERSUS

SHRIPATI GANPATI GHUGE AND ORS ...

Advocate for Applicant : Mr. Sawant Eknath P. Mr. RJ Nirmal, Adv. For Respondents-original claimants Mr. AM Phule, AGP for Respondents: 2 & 3 --- CORAM : P.R. BORA, J.

DATED : 29th OCTOBER, 2018.

PER COURT:- 1.

Shri R.J.Nirmal, learned counsel submits that he has instructions to appear for the respondents, i.e. original claimants in all these matters and he will file his Vakalatnama in the Registry within two weeks.

2.

Delay of 393 days has occurred in filing these appeals by the acquiring body. Though

(2) learned counsel for the original claimants has opposed for condoning the delay, for the reasons stated in the applications, which according to me are just and sufficient, the delay caused of 383 days in all these appeals, is condoned. The civil applications for condonation of delay are disposed of.

3.

Appeals be registered in accordance with law. On registration of the appeals, issue notices to the respondents. Learned AGP and learned counsel Shri Nirmal waive service for respective respondents. Service complete.

4.

Heard on CA for stay. Learned counsel for the acquiring body submits that the acquiring body is ready to deposit the entire amount under the Awards along with interest accrued thereon till date in this Court. The learned counsel further submits that Cheques are already received from the acquiring body and undertakes to deposit the same within a week.

5.

Execution of the Awards impugned in the

(3) present appeals shall stand stayed subject to deposit of the entire amount under the Awards along with the interest accrued thereon by the acquiring body within a week from the date of this order. .

The Civil Applications for stay stand disposed of.

(P.R. BORA) JUDGE bdv