Bombay High CourtCA/2020/2015admittedallowedgrantedrule absolute

Executive Engineer Minor Irrigation Project No.1 Dhule v. Fakira Rustam Pinjari And Others

2017-06-14Hon'Ble Shri Justice P.R. Bora3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO. 2014 OF 2015 IN FAST/32304/2014 WITH CA/2015/2015 IN FAST/32304/2014 WITH CA/2016/2015 IN FAST/32338/2014 WITH CA/2017/2015 IN FAST/32338/2014 WITH CA/2018/2015 IN FAST/32334/2014 WITH CA/2019/2015 IN FAST/32334/2014 WITH CA/2020/2015 IN FAST/32353/2014 WITH CA/2021/2015 IN FAST/32353/2014 WITH CA/2022/2015 IN FAST/32323/2014 WITH CA/2023/2015 IN FAST/32323/2014 WITH CA/2024/2015 IN FAST/32319/2014 WITH CA/2025/2015 IN FAST/32319/2014 WITH CA/2026/2015 IN FAST/32331/2014 WITH CA/2027/2015 IN FAST/32331/2014 WITH CA/2028/2015 IN FAST/32342/2014 WITH CA/2029/2015 IN FAST/32342/2014 WITH CA/2030/2015 IN FAST/32348/2014 WITH CA/2031/2015 IN FAST/32348/2014 WITH CA/2032/2015 IN FAST/32345/2014 WITH CA/2033/2015 IN FAST/32345/2014 EXECUTIVE ENGINEER MINOR IRRIGATION PROJECT NO.1 DHULE

VERSUS

NARAYAN BUDHAJI PATIL AND OTHERS ...

Advocate for Applicant : Mrs. Jadhav Vaishali D. Mr. SM Ganachari, AGP for Respondents: 2 & 3; Mr.GR Syed and Mr.PB Pawar, Advocates for original claimants(in respective matters) ----- CORAM : P.R.BORA, J.

DATE :

th June,2017.

PER COURT :

In the present group of matters, in seven matters, Adv. Syed is appearing for the original claimants. In other matters, though the respondents - original claimants are duly served, none of them has entered the appearance.

2) Delay of 516 days has occurred in filing the present appeals by the acquiring body. The reasons for occurrence of the delay are explained in paras 3 to 5 of the applications.

3) Learned Counsel appearing for the original claimants has opposed for condoning the delay stating that the reasons so assigned are insufficient to condone the delay. However, on perusal of the averments in the said paragraphs, the delay appears to have been sufficiently explained. I am, therefore, inclined to condoned the delay. The applications for condonation of delay are allowed and disposed of. The delay is condoned.

The appeals be registered in

accordance with law.

4) On registration of the appeal, issue notice to the respondent/s, returnable after six weeks.

5) In CA/2016/2015 IN FAST/32338/2014 the applicant/s to take necessary steps.

(P.R.BORA,J.) bdv/