The Executive Engineer, Latur Minor Irrigation And ORS v. Ganpati Gyandeo Dhotre

CA-14828-2011

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14828 OF 2011 IN FIRST APPEAL (ST.) NO. 25703 OF 2011 The Executive Engineer, Latur Minor Irrigation and ors.

.. Applicant

VERSUS

Sudhakar Sadashiv Magar .. Respondent AND CIVIL APPLICATION NO. 14830 OF 2011 IN FAST/25777/2011 CIVIL APPLICATION NO. 14832 OF 2011 IN FAST/25751/2011 CIVIL APPLICATION NO. 14834 OF 2011 IN FAST/25756/2011 CIVIL APPLICATION NO. 14837 OF 2011 IN FAST/25781/2011 CIVIL APPLICATION NO. 14839 OF 2011 IN FAST/25765/2011 CIVIL APPLICATION NO. 14841 OF 2011 IN FAST/25772/2011 CIVIL APPLICATION NO. 14843 OF 2011 IN FAST/25747/2011 ---- Mr. S.V. Kurundkar, Advocate for the applicant in all CA Mr. S.M. Jadhav, AGP for the applicant/State Mr. A.B. Kadethankar, Advocate for the respondent in all CA ---- CORAM : M.T. JOSHI, J.

DATE : 21/01/2015 ORAL ORDER :

1.

Heard both sides.

2.

Mr. Kurundkar, learned counsel for the applicant in all these Civil Applications submits that as there was communication gap at the various levels and the opinion of the legal experts was to be sought, delay of 671 days has occurred in filing the first appeals.

3. Mr. Kadethankar, learned counsel for the sole respondent in each of the applications/appeals fairly submits that the respondents have no objection for

CA-14828-2011 condonation of delay, however, since the present applicants/appellants have not abided by the earlier order of this Court in the applications for grant of stay to the execution of the impugned awards to deposit the entire amount under each of the awards together with the up-to-date interest in this Court within the prescribed period, now the applicants can be directed to deposit the amount within certain specified period, as a condition precedent.

4.

Upon hearing both the sides, in my view, the delay is required to be condoned on the condition that the appellant-applicant deposits the entire amount under the awards together with the up-to-date interest in this Court within a period of 10 weeks from the date of this order.

5.

In case the amount is not deposited as aforesaid, the applications shall stand dismissed without any further reference to this Court.

6.

Civil Applications accordingly stand disposed of.

[M.T. JOSHI] JUDGE arp/