← Library
Bombay High CourtCA/10637/2017disposed offdismissed for default

The Ex. Engineer Latur Minor Irrigation Division, Latur Thr S.D. Khandare, Latur And ANR v. Pundlik Lingram Ugile

2018-11-01Hon'Ble Shri Justice P.R. Bora3 pages

{1} 949 CA 10024 OF 2018 & ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO.10024 OF 2018 IN FAST/17881/2018 WITH CA/10025/2018 IN FAST/17881/2018 WITH CA/13508/2018 IN FAST/17881/2018 THE EX. ENGINEER LATUR MINOR IRRIGATION LATUR AND ANR

VERSUS

RAMKISHAN PANDHARINATH MUTTEPAWAR AND ORS ...

WITH CA/10637/2017 IN FAST/24995/2017 WITH CA/10639/2017 IN FAST/25328/2017 WITH CA/10641/2017 IN FAST/25340/2017 WITH CA/10643/2017 IN FAST/25325/2017 WITH CA/10645/2017 IN FAST/25321/2017 WITH CA/10647/2017 IN FAST/25331/2017 WITH CA/10649/2017 IN FAST/25335/2017 WITH CA/13509/2018 IN FAST/25335/2017 WITH CA/13510/2018 IN FAST/24995/2017 WITH CA/13511/2018 IN FAST/25340/2017 WITH CA/13512/2018 IN FAST/25321/2017 WITH CA/13513/2018 IN FAST/25328/2017 WITH CA/13514/2018 IN FAST/25325/2017 WITH CA/13515/2018 IN FAST/25331/2017 ...

Advocate for Applicant No.1 Acquiring Body : Shri S. C. Arora AGP for Applicant No.2 State : Shri P.M.Kulkarni, Shri A.M.Phule, Shri S.P.Deshmukh, Shri S.B.Narwade and Shri G.O.Wattamwar Advocate for Respondents - claimants : Shri H.B.Nandagavale ...

CORAM : P.R.BORA, J.

DATE: 1st November, 2018 PER COURT:- Heard Shri S.C.Arora, learned Counsel appearing for the Acquiring Body, learned respective AGPs for the State and Shri H.B.Nandagavale, learned Counsel appearing for the respondents i.e.

{2} 949 CA 10024 OF 2018 & ORS. original claimants.

Delay of 1168 days in one matter and delay of 1191 days in others has occurred in filing these appeals by the Acquiring Body. The reasons, as are assigned by the Acquiring Body for condoning the delay, are the procedural lapses and time consumed in obtaining sanctions at different levels.

The learned Counsel appearing for the original claimants has opposed for condoning the delay stating that for the reasons stated in the applications huge delay occurred in filing the appeals, cannot be condoned. In the alternative, the learned Counsel submitted that the matters are already covered by the Judgment passed by this Court in companion matters and in such circumstances, if the learned Counsel for the appellant is ready to argue the appeals immediately after they are registered, the claimants may not have any objection for condoning the delay and hearing the appeals on merits. The learned Counsel for the Acquiring Body immediately submitted that he is ready to argue the matters immediately, if the delay is condoned today.

{3} 949 CA 10024 OF 2018 & ORS. In view of the submissions so made, the following order is passed.

ORDER

I) Delay caused in filing the appeals is condoned. II) Applications for condonation of delay stand disposed of.

III) Appeals be registered in accordance with law. IV) On registration of appeals, issue notice to the respondents. Shri H.B.Nandagavale, learned Counsel waives service of notice for all the respondents - original claimants. Service complete.

V) List the appeals for final disposal on 02.11.2018. (P.R.BORA) JUDGE SPT