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Bombay High CourtCA/9446/2022disposed off

The Ex. Engineer, Latur Minor Irrigation, Latur Div. Latur And ORS v. Ashok Sambhaji Hange

2022-06-29Hon'Ble Shri Justice S. G. Dige2 pages

{1} 919-CA-9446-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9446 OF 2022 IN REJECTED CASE NO. 1124 OF 2019 THE EXECUTIVE ENGINEER LATUR MINOR IRRIGATION LATUR DIVISION LATUR AND OTHERS

VERSUS

ASHOK SAMBHAJI HANGE ...

Advocate for Applicants : Ms. D.S. Jape AGP for Respondent : Mr. S.R. Yadav-Lonikar ....

CORAM : S.G. DIGE, J.

DATE : 29th June, 2022 ORDER :

.

Heard learned Counsel for applicants.

2.

Learned Counsel for applicants submits that, this Court by order dated 29.07.2019 had directed to supply fresh address of the respondent whose notice has been returned unserved on the ground that, he is not residing at the given address but residing at Aurangabad, within four (4) weeks. It has been observed that, if steps are not taken within four (4) weeks then the application shall stand dismissed automatically without further reference to the Court. 3.

Learned Counsel for applicants submits that, applicants Pooja K.

{2} 919-CA-9446-2022 could not take steps within stipulated period hence, application is dismissed.

4.

Learned Counsel further submits that, there was change in the panel advocate and there was some ambiguity regarding allotment of old matters. Hence, order passed by this Court was not complied. Learned Counsel therefore, prays that, delay in fling this application be also condoned. 5.

Considering the submissions of learned Counsel for applicants as well as the reasons mentioned in the application, application is allowed in terms of prayer clauses 'B' and 'C'. 6.

Applicants to take steps within three weeks from today. [S.G. DIGE] JUDGE Pooja K.