The Godavari Marathwada Irrigation Development Corporation Thr The Executive Engineer And ORS v. Rustumkhan Mehboobkhan Pathan And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.16468 OF 2016 IN FIRST APPEAL (ST.) NO.33934 OF 2016 (The Godavari Marathwada Irrigation Development Corporation, through the Executive Engineer Vs. Dildarkhan Mehboobkhan Pathan and others) WITH CIVIL APPLICATION NO.16470 OF 2016 IN FIRST APPEAL (ST.) NO.34174 OF 2016 (The Godavari Marathwada Irrigation Development Corporation, through the Executive Engineer Vs. Mehboobkhan Mahamadkhan Pathan, died through his L.Rs.) AND CIVIL APPLICATION NO.16473 OF 2016 IN FIRST APPEAL (ST.) NO.34187 OF 2016 (The Godavari Marathwada Irrigation Development Corporation, through the Executive Engineer Vs. Sarwar Usman Wadkar) AND CIVIL APPLICATION NO.16477 OF 2016 IN FIRST APPEAL (ST.) NO.34161 OF 2016 (The Godavari Marathwada Irrigation Development Corporation, through the Executive Engineer Vs.

Rustumkhan Mehboobkhan Pathan and another) AND CIVIL APPLICATION NO.16480 OF 2016 IN FIRST APPEAL (ST.) NO.34169 OF 2016 (The Godavari Marathwada Irrigation Development Corporation, through the Executive Engineer Vs. Hujurkhan Mahmudkhan Pathan) ---- Mr. Anil M. Gaikwad, Advocate for the applicant Mr. Shaikh Shoyab, Advocate for respondent Nos.1, 3, 4(F) (C.A.No.16468/2016), for respondent Nos. 1 to 6D (C.A. No.16470/2016), for respondent Nos.1 and 2 (C.A. No.

ca16468-2016+ CORAM :

SUNIL K. KOTWAL, J.

DATE :

15th MARCH, 2019 ORDER :

These applications are filed by the appellant for condonation of delay of 859 days in filing First Appeals. Learned counsel for the respondents opposed these applications.

2.

However, considering the reasons assigned for the delay, I hold that the delay in filing the First Appeals deserve to be condoned. Civil Applications are allowed in terms of prayer clause (A) and stand disposed of.

3.

The First Appeals be registered. Issue notice to the respondents. Learned counsel Mr. Shaikh Shoyab waives service of notice for respondent Nos.1, 3, 4(F), for respondent Nos. 1 to 6D and for respondent Nos.1 and 2 in respective First Appeals.

4.

The First Appeals are admitted, upon their registration. Call R & P.

[SUNIL K. KOTWAL] JUDGE npj/ca16468-2016+