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Bombay High CourtCA/1385/2023disposed off

Ex. Engineer, Latur Minor Irrigation Div. Latur Under Gmidc, Aurangabad And ANR v. Limbaji Bhagwan Jankar

2023-04-18Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 934 ca 1385-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO.1385 OF 2023 IN FAST/28965/2022 WITH CA/1386/2023 IN FAST/28965/2022 WITH CA/1387/2023 IN FAST/28965/2022 EX. ENGINEER, LATUR MINOR IRRIGATION DIV. LATUR UNDERGMIDC, AURANGABAD AND ANR

VERSUS

LIMBAJI BHAGWAN JANKAR ...

Advocate for Applicants : Mr. B. R. Survase Advocate for Respondent : Mr. G. K. Sontakke ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 18/04/2023.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.1385 OF 2023 :

Since the acquiring body being the necessary party was not made party to the original reference before the lower court, leave to file appeal is granted as claimed. Accordingly, the application stands disposed of.

B) ORDER IN CIVIL APPLICATION NO.1386 OF 2023:

1.

The appellant - acquiring body in this application is seeking condonation of delay of 2989 days, which appears to be caused due to obtaining sanctions at various stages. There is no strong objection from other side and therefore the delay of 2989 days stands condoned.

2.

The appeal be placed for admission after removal of office objections, if any. Application is accordingly disposed of.

2 934 ca 1385-23 C) ORDER IN CIVIL APPLICATION NO.1387 OF 2023 :

1.

Heard rival submissions.

2.

There shall be interim relief in terms of prayer clause-B subject to deposit of entire amount of compensation alongwith the interest, within a period of 12 weeks.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-