Bombay High CourtCA/2069/2015disposed offdismissed for default

The Executive Engineer Latur Minor Irrigation Division Latur And Another v. Jemu Topa Chavan

2018-02-02Hon'Ble Shri Justice M.S. Sonak3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO. 2036 OF 2015 IN FAST/28664/2014 WITH CA/2067/2015 IN FAST/28684/2014 WITH CA/2069/2015 IN FAST/28687/2014 WITH CA/2071/2015 IN FAST/28678/2014 WITH CA/2073/2015 IN FAST/28673/2014 WITH CA/2075/2015 IN FAST/28696/2014 WITH CA/2077/2015 IN FAST/28690/2014 WITH CA/2079/2015 IN FAST/28693/2014 WITH CA/2081/2015 IN FAST/28703/2014 WITH CA/2083/2015 IN FAST/28681/2014 WITH CA/2085/2015 IN FAST/28699/2014 ...

THE EXECUTIVE ENGINEER LATUR MINOR IRRIGATION DIVISION LATUR AND ANOTHER

VERSUS

SUBHASH MAHADAPPA SWAMI AND OTHERS ...

Advocate for Applicants :Mr.A.M.Phule h/f.

Mrs.Dipali S.Ansingkar (Jape) Advocate for Respondents : Mr.M.R.Malpani h/f. Mr.A.B.Kale ...

CORAM : M.S.SONAK, J.

DATE :

2.2.2018 PER COURT:- 1) In all these civil applications, the delay is of 502 days in instituting the appeals.

2) The learned counsel for the applicants submits that similar delay is condoned in the connected matters subject to payment of costs of Rs.2,500/- in each of the

( 2 ) matter to the respondents. However, since the cost was not paid, applications for condonation of delay stood dismissed. He submits that for this reason, even these applications should be dismissed.

3) Since, in the connected matters, the delay was condoned by this Court subject to costs of Rs.2,500/-, the delay in the present matters is also condoned subject to payment of costs of Rs.2,500/- in each matter to be deposited in this Court or paid to the respondents, within four weeks from today.

4) However, if amount of costs is not deposited in this Court by the applicants, within four weeks from today, these civil applications deemed to have been dismissed without any further reference to this Court.

5) In case amount of costs is deposited/paid within four weeks from today, place the matters for admission two weeks thereafter.

6) It is clarified that amount of costs will have to be deposited in this Court or paid to the respondents/ claimants in each of the application/appeal.

( 3 ) 7) In case the amount of costs is deposited in this Court, then necessary intimation to be given to the learned counsel appearing for the respondents/claimants. Thereafter, the respondents/claimants will be entitled to withdraw the amount of costs unconditionally. 8) Civil applications are disposed of in the aforesaid terms.

[M.S.SONAK, J.] SPT/940-CA 2036 of 2015 & ors.