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Bombay High CourtCA/12740/2014admittedallowedgrantedrule absolute

Zilla Parishad Ahmednagar And Others v. Sunil Nivruti Palve And Another

2015-11-18Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

1 c.a.12740.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12740 OF 2014 IN SECOND APPEAL STAMP NO. 30308 OF 2014 Zilla Parishad Ahmednagar and others ..APPLICANTS versus Sunil Nivruti Palve and another ...RESPONDENTS .....

Mr. S.T. Shelke, Advocate for applicants .....

CORAM : SUNIL P. DESHMUKH, J.

DATED : 18th NOVEMBER 2015 Order :-

1. Heard learned counsel for applicants. 2.

On last occasion as well nobody had remained present on behalf of respondents and this court under order dated 23-10-2015 observed that 'if nobody turns up for respondents on the next date the matter will be decided in absence of other side.' Today, when the matter is called out, once again nobody is present on behalf of respondents. 3.

There has been delay of 316 days in preferring the present appeal. Learned counsel for applicants has made various submissions and also referred to that suit filed by respondent No. 1 has been dismissed and appeal carried has been allowed. 4.

Having regard to the same, veracity of the contents of the civil application and submissions on behalf of applicants are not being

2 c.a.12740.14 questioned, the application deserves to be allowed. 5.

Accordingly, civil application stands allowed in terms of prayer clause "A" and stands disposed of accordingly. Sd/- ( SUNIL P. DESHMUKH, J. ) MTK