The Executive Engineer, Minor Irrigation, Ambajogai v. Balasaheb Kalyanrao Deshmukh And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12327 OF 2018 IN RC NO. 1147/2018 THE EXECUTIVE ENGINEER, MINOR IRRIGATION, AMBAJOGAI VS BALASAHEB KALYANRAO DESHMUKH AND ORS.

...

Mr. RD Biradar, Adv. For applicant;

Mr. Shrikant Kulkarni, Adv. For Respondents.

...

CORAM : P.R. BORA, J.

DATED : 4th OCTOBER, 2018.

PER COURT:- 1.

Not on Board. Taken on Board.

2.

Learned counsel appearing for applicant undertakes to remove the office objections within a week. In view of the undertaking so given, the FA st No. 22578/2016 along with CA for condonation of delay stand restored to original file.

3.

Delay caused in filing the restoration application is condoned.

4.

Heard learned counsel for applicant and learned counsel for the respondents i.e. Original claimants.

The respondents claimants though opposed for condoning the delay, in the alternative, submitted that if the acquiring body shows its readiness to forthwith argue the matter

(2) finally, he may not have any objection for condoning the delay.

5.

In view of the submissions so made, the delay caused in filing the appeal is condoned. The appeal be registered in accordance with law. On registration of the appeal, issue notice to the respondents. Shri Kulkarni, learned counsel waives service for the respondents. i.e. Original claimants. Learned AGP waives service for State. Service complete.

6.

The acquiring body is permitted to deposit the amount of compensation in the Registry of this Court.

7.

List the appeal for final disposal in next week along with the connected matters on 11th October, 2018.

(P.R. BORA) JUDGE bdv