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Bombay High CourtCA/11758/2018disposed offdismissed for default

Ramkishan Dhondiba Gore (Died) Thr Lrs Janabai And ORS v. Ex. Engineer, Nimna Dhudhana Project Selu And ORS

2019-04-05Hon'Ble Shri Justice Sunil K. Kotwal2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11758 OF 2018 IN FIRST APPEAL (STAMP) NO.25934 OF 2018 (Ramkishan Dhondiba Gore (Died) through L.Rs. Janabai and others Vs. Executive Engineer, Nimna Dudhana Project, Selu and others) AND CIVIL APPLICATION NO.11908 OF 2018 IN FIRST APPEAL (STAMP) NO.25931 OF 2018 (Govind Tulsiram Avchar Vs. Executive Engineer, Nimna Dudhana Project, Selu and others) AND CIVIL APPLICATION NO.11912 OF 2018 IN FIRST APPEAL (STAMP) NO.25942 OF 2018 (Kundalik Tulsiram Avchar (Died) through L.Rs. Surjabai and others Vs. Executive Engineer, Nimna Dudhana Project, Selu and others) AND CIVIL APPLICATION NO.11557 OF 2018 IN FIRST APPEAL (STAMP) NO.25963 OF 2018 (Ganesh Bansi Kharat Vs. Executive Engineer, Nimna Dudhna Project, selu and others) ---- Mr. More Kumar Gaurav M., Advocate for the applicants Mr. S.P. Sonpawale, Advocate for respondent No.1 Mr. R.B. Bagul and S.P. Deshmukh, A.G.Ps. for the respondent/State ---- CORAM :

SUNIL K. KOTWAL, J.

DATE :

5nd APRIL, 2019 ORDER :

Heard learned counsel for the applicants, Mr.

ca11758-2018 S.P. Sonpawale, learned counsel for respondent No.1 and learned A.G.P. representing respondent Nos.2 and 3. 2.

For the reasons stated in the applications, delay is condoned and Civil Applications are disposed of in terms of prayer clause (B), subject to condition that the applicants shall file written undertaking in respective First Appeal within period of eight weeks from the date of passing of this order regarding waiver of statutory benefits for the period of delay. 3.

First Appeal (Stamp) Nos.25934 of 2018, 25931 of 2018, 25942 of 2018 and 25963 of 2018 be registered. Upon registration of First Appeals, issue notice to the respondents. Learned counsel Mr. S.P. Sonpawale waives service of notice for respondent No.1. Learned A.G.P. Waives service for respondent Nos.2 and 3.

4.

R & P be called.

5.

Upon registration of First Appeals, those stand admitted.

[SUNIL K. KOTWAL] JUDGE npj/ca11758-2018