Municipal Council Basmat v. Shabbir Ahmed Shaikh Abdulla

ca11975.14 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11975 OF 2014 IN X-OBJECTION (ST.) NO.30700 OF 2014 IN/WITH SECOND APPEAL NO.465 OF 2007 Municipal Council, Basmat, Through its Chief Officer ..APPLICANT

VERSUS

Shabbir Ahmed s/o Shaikh Abdulla ..RESPONDENT Mr H.I. Pathan, Advocate for applicant;

Mr S.M. Godsay, Advocate for respondent CORAM : NITIN W. SAMBRE, J.

DATE : 23rd November, 2017 ORAL ORDER:

So far as appeal is concerned, as there is change in the panel of Advocates of Municipal-Council, Basmat, in view of oral request, the appearance of learned Counsel Mr S.S. Choudhari for Municipal Council i.e. respondent in appeal is discharged. Mr H.I. Pathan appears on behalf of respondent-Municipal Council in the appeal. 2.

Parties to the appeal shall file their respective paper-books within a period of six months from today.

3.

So far as Civil Application No.11975 of 2014 is concerned, there is delay of 2619 days in preferring Cross-Objection, which is sought to be

ca11975.14 (2) explained by the applicant-statutory body, by relying upon administrative reasons.

4.

For the reasons disclosed in the application, Civil Application No.11975 of 2014 stands allowed in terms of prayer clause (B), subject to payment of costs of Rs.3,500/- to the original appellant, to be paid by 12 th January, 2018, failing which the application for condonation of delay be deemed to be rejected.

(NITIN W. SAMBRE, J.) amj