Shantibai Bhivsan And ORS v. Executive Engineer, Dhule Medium Project Division 1. And Another

11969.14ca -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11969 OF 2014 IN CROSS-OBJECTION (ST.) NO. 28108 OF 2014 IN FIRST APPEAL NO. 1987 OF 2012 Shantibai Bhivsan & Ors.

...Applicants versus Executive Engineer, Dhule Medium Project, Division No. 1, Dhule, Sinchan Bhavan, Sakri Road, Dhule & anr.

...Respondents

.....

Mr. R. C. Patil, Advocate for applicants.

Mr. A. D. Pawar, Advocate for respondent No. 1. Mr. S. P. Daund, A. G. P. for respondent/State. .....

CORAM : N.W. SAMBRE, J.

DATE : 27TH MARCH, 2015 ORAL ORDER :

.

There is delay of 560 days in preferring cross objection. The reasons cited by the applicants is that they were busy in earning livelihood being landless persons. It is not in dispute that Reference Court by judgment in question passed in Reference has ordered payment of amount of Rs.1,87,172/- with 30% solatium (Rs. 56,152/-), 12% interest (Rs. 70,827/-) total Rs. 3,14,151/-. In view thereof, there is no doubt about statement in affidavit in the

11969.14ca -2application for condonation of delay that petitioners have became landless persons.

2.

Be that as it may, this Court, having regard to the social back ground of the applicants, is inclined to condone delay subject to costs of Rs.3500/- (Rs. Three thousand five hundred only) to be paid to the Library, High Court Bar Association, Bench Aurangabad within period of six weeks from today. Failure to deposit cost as ordered herein above within time stipulated, shall result in dismissal of the application without reference to the Court.

3.

In case, if the cost is paid within time stipulated, the matter be placed for consideration in June 2015. [ N.W. SAMBRE, J. ] Tupe/27.03.15