Bombay High CourtCA/12530/2014disposed offdismissed for default

The Executive Engineer Dhule Medium Project Dhule v. Diwan Rajesing Girase And Others

2018-08-30Hon'Ble Shri Justice P.R. Bora2 pages

1 12532.2014CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

904 CIVIL APPLICATION NO. 12532 OF 2014 IN FAST/30643/2014 WITH CIVIL APPLICATION NO.12533 OF 2014 IN FAST/30643/2014 WITH CA/12530/2014 IN FAST/30653/2014 WITH CA/12531/2014 IN FAST/30653/2014 THE EXECUTIVE ENGINEER DHULE MEDIUM PROJECT DHULE ..Applicant

VERSUS

HIRAMAN CHAITRAM MAHALE AND OTHERS ..Respondents ...

Advocate for Applicant : Shri Ajay D. Pawar AGP for Respondent - State : Shri A.M. Phule Advocate for Respondents /orig. claimants : Shri A.B. Kale ...

CORAM : P.R. BORA, J.

Dated: August 30, 2018 PER COURT :

Heard Shri A.D. Pawar, the learned Counsel appearing for the applicant / Acquiring Body and Shri A.B. Kale, the learned Counsel appearing for respondents i.e. original claimants. Delay of 671 days has caused in filing the present appeals by the Acquiring Body. The learned Counsel for the appellants/applicants submitted that, in procedural compliances, the time was consumed and that is the reason that the appeals could not be filed within the period of limitation. The learned Counsel appearing for the claimants does not have any serious ggp

2 12532.2014CA.doc objection for condoning the delay, so that the appeals can be heard on merits. In view of the submissions so made, the following order is passed.

ORDER

(i) The Civil Applications (Nos.12532 of 2014 & 12530 of 2014) are allowed.

(ii) Delay caused of 671 days in filing the appeals is condoned. The appeals be registered in accordance with law. Civil Applications stand disposed of.

(iii) On registration of the appeals, issue notice to the respondents. Learned Counsel Shri A.B. Kale waives service of notice for the respondents i.e. original claimants. Learned AGP Shri Phule waives service of notice for the respondent - State. Service complete.

(iv) Learned Counsel appearing for the Acquiring Body and the learned Counsel appearing for the claimants jointly made a request to refer the present appeals to the Lok Adalat to be held on 08.09.2018. The learned Counsel for the parties submitted that, no further notice may be required to remain present before the Lok Adalat on the scheduled date. (v) Place all these matters before Lok Adalat to be held on 08.09.2018.

( P.R. BORA, J. ) ggp