The Executive Engineer, Latur Minor Irri. Div. Latur The Satish M Bedre Sub Div. Engineer And ANR v. Shriniwas Hanumandas Bhargav (Died) Thr Lrs Brijlal And ORS

1 CA-10856-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10856 OF 2019 IN CA/8160/2018 AND CA/8161 OF 2018 IN FA/1908/2019 THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION DIVISION, DISTRICT LATUR AND ANOTHER

VERSUS

SHRINIWAS S/O. HANUMANDAS BHARGAV (DIED) THROUGH HIS LRS BRIJLAL S/O. SHRINIVAS BHARGAV AND OTHERS ...

Advocate for Applicant No.1 : Mr. Shyam C. Arora Advocate for Respondents : Mr. G. K. Sontakke ...

CORAM : K.K. SONAWANE, J.

DATED : 9th SEPTEMBER, 2019.

Order :- Present application is preferred by the applicant-Acquiring Body for recalling the orders passed by this Court in Civil Applications No. 8160 and 8161 of 2018 in First Appeal (Stamp) No. 16612 of 2018 dated 02-07-2018. Heard learned counsel for the parties. Perused the orders and relevant documents on record.

2.

It appears from the record that the aforesaid matters would lie before the Division Bench of this Court in view of pecuniary jurisdiction, but, inadvertently the office listed the same before this Court on the board dated 02-07-2018. This Court passed the orders on the applications for condonation of delay and stay; and, disposed of the same, accordingly.

2 CA-10856-19 3.

For the reasons mentioned in the present application and the submission advanced on behalf of learned counsel for applicant-Acquiring Body, the application deserves to be allowed. 4.

Accordingly, present Civil Application is allowed in terms of prayer clause 'B'. The orders passed in Civil Application No. 8160 and 8161 of 2018 in First Appeal (Stamp) No. 16612 of 2018, dated 02-07-2018, are hereby recalled. Place the matters before the appropriate Bench. The present Civil Application stands disposed of.

[ K. K. SONAWANE ] JUDGE rrd.