The State Of Maharashtra And Another v. Dhondiram Shankarrao Bhosale And Others

989 ca 10661.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 989 CIVIL APPLICATION NO. 10661 OF 2014 IN FAST/26889/2014 WITH CA/10662/14 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

DHONDIRAM SHANKARRAO BHOSALE AND OTHERS ...

Advocate for Applicants : S.P. Sonpawle Advocate for Respondents : Sakolkar Vijay G. Adv For Resp 1 To 4 ...

CORAM : V.K. JADHAV, J.

DATE : 10-02-2017.

P.C. :

1.

The learned A.G.P. has pointed out that by order dated 19.08.2016 this court has allowed the application and accordingly the legal heirs of deceased respondent no.5 are brought on record. The learned A.G.P. submits that due to administrative difficulties the appeal could not be filed within limitation. The learned counsel for the respondents has strongly resisted the application, however, considering the submissions made on behalf of the applicants and for the reasons stated in the civil application, it appears that, the delay has been explained satisfactorily. Civil application is allowed and the delay of 567 days caused in filing the first appeal is hereby condoned. Civil application is accordingly disposed of. 2.

The operation, implementation and execution of the impugned judgment and award is hereby stayed on the condition

989 ca 10661.14.odt that the applicants shall deposit entire amount under award in this Court, within a period of 12 weeks from today, failing which this order granting stay shall stand vacated automatically without reference to this Court. Civil application is accordingly disposed of. 3.

Heard. Issue notice to the respondents, returnable on 24.03.2017. Learned counsel Shri V.G. Sakolkar, waives for respondent-original claimants. Call for record and proceedings. (V.K. JADHAV) JUDGE mub