The Ex. Engineer, Minor Irrigation Division, Jalna v. Saraswati Pandit Thombare And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 CIVIL APPLICATION NO.12760 OF 2018 IN FAST/27645/2018 WITH CA/12761/2018 IN FAST/27645/2018 WITH CA NOS.12763/2018 & 12764/2018 IN FA ST27599/2018 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALNA

VERSUS

SARASWATI PANDIT THOMBARE AND ORS ...

Advocate for Applicant : Mr. HB Nandgavale, Adv. h/for Mr. Patil Sham B.

Mr. AM Phule, AGP for Respondent/State'

Mr. AH Koralkar, Adv. For Respondents-original claimants ...

CORAM : P.R. BORA, J.

Dated: October 15, 2018 ...

PER COURT :- 1.

Issue notice on application for condonation of delay as well as stay. Learned AGP and learned counsel waive service for respective respondents. Service complete.

2.

Delay of 887 days and 914 days has occurred in filing the respective appeals by the acquiring body. The reasons are explained in the application. The learned counsel for the respondents has not seriously disputed for condoning the delay. Moreover, after having perused the application, I am convinced that the delay has been sufficiently explained. Hence, the following order, - BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ORDER

i.

The delay caused in filing the appeals is condoned. The Civil Applications for condonation of delay are disposed of.

ii.

Appeals be registered in accordance with law. On registration of the appeals, issue notice to the respondents. Learned AGP and learned Counsel waive service for respective respondents. Service complete.

3.

Execution of the Award impugned in the present appeals shall stand stayed subject to deposit of the entire amount under the Award along with the interest accrued thereon by the acquiring body within a period of twelve weeks from the date of this order. CA for stay stand disposed of.

4.

List the appeals for further consideration after 12 weeks.

( P.R. BORA, J. ) ...

BDV