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Bombay High CourtCA/12011/2018disposed offdismissed for default

The Ex. Engineer, Minor Irrigation Division, G.M.I Thr M.B. Kade And ANR v. Keshav Nagnath Pawar

2018-09-28Hon'Ble Shri Justice P.R. Bora2 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 12010 OF 2018 IN FAST/26699/2018 WITH CA/12011/2018 IN FAST/26699/2018 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, G.M.I THR M.B. KADE AND ANR

VERSUS

KESHAV NAGNATH PAWAR ...

Advocate for Applicants : Mr. Arora Shyam C Mr.Prashant Deshmukh, Adv. for Respondent sole. ...

CORAM : P.R. BORA, J.

DATED : 28th SEPTEMBER, 2018.

PER COURT:- 1.

Learned Counsel Shri Prashant Deshmukh appears for sole respondent and submits that he has instructions to appear for the sole respondent and he will be filing his Vakalatnama for the sole respondent in the Registry during a week.

2.

Delay of 590 days has occasioned in filing the appeal by the acquiring body.

3.

For the reasons stated in the application which according to me are just and sufficient, the delay is condoned. The appeal be registered in accordance with law. CA for condonation of delay is disposed of.

4.

Heard on CA for stay. The execution of

(2) the Award impugned in the present appeal shall stand stayed subject to deposit of the entire amount under the said Award along with the interest accrued thereon by the acquiring body in this court within eight weeks from today. CA for stay stands disposed of.

5.

Learned counsel for the original claimant submits that he has also preferred an appeal on behalf of the claimants in the year 2017 itself. The parties are at liberty to move the Registry for clubbing those matters.

6.

On registration of the appeal issue notice to respondents. Learned counsel waives service for sole respondent. Service complete. 7.

List the appeal for admission after four weeks.

(P.R. BORA) JUDGE bdv