The Executive Engineer, Lower Medium Project Division, Latur The Gmidc Aurangabad v. Laxman Govind Malusare Died Thr Lrs Mirabai Laxman Malusare And ANR

1 12585.2016CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

34 CIVIL APPLICATION NO. 12585 OF 2016 IN FAST/25105/2016 THE EXECUTIVE ENGINEER, LOWER MEDIUM PROJECT DIVISION, LATUR THE GMIDC AURANGABAD ..Applicant

VERSUS

TANAJI KERBA BEMBADE AND ORS ..Respondents ...

Shri S.G. Bhalerao, Advocate for Applicant;

Shri A.D. Soman, Advocate, h/f. Shri V.G. Sakolkar, Advocate for Respondents No.1 to 5;

Ms S.S. Raut, AGP for Respondent No.6 - State. ...

WITH CA/12586/2016 IN FAST/25273/2016 CA/12588/2016 IN FAST/25277/2016 CA/12591/2016 IN FAST/25281/2016 CA/12593/2016 IN FAST/25285/2016 ....

CORAM : P.R. BORA, J.

Dated: September 18, 2018 PER COURT :

1.

Heard Shri Bhalerao the learned Counsel appearing for the appellants/applicants and Shri Soman the learned Counsel appearing for the Orig. claimants and Ms. Raut the learned AGP appearing for the respondent - State. 2.

Delay of 715 days has occurred in filing the present

2 12585.2016CA.doc appeals. The reasons are explained in paragraph nos.2 and 3 of the applications. On perusal of the reasons as are assigned, it appears to me that, the delay is sufficiently explained. 3.

The applications were opposed by the learned Counsel for the claimants only on the ground that, after condoning the delay the matters may be prolonged. The learned Counsel in the circumstances prayed for taking the matters immediately for final disposal. Learned Counsel for the Acquiring Body submitted that, he is ready with the matters and may argue the appeals finally if the delay is condoned by this Court.

4.

In view of the submissions so made, the following order is passed.

ORDER

(i) Delay caused in filing the appeals is condoned. The First Appeals be registered in accordance with law. Civil Applications for condonation of delay stand disposed of. (ii) On registration of the appeals, issue notice to the

3 12585.2016CA.doc respondents. Learned Counsel Shri Soman waives service of notice for Respondents i.e. original claimants. Learned AGP Ms. Raut waives service of notice for Respondent -State. Service complete.

(iii) List the present appeals for final disposal on 27.09.2018.

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

ggp