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Bombay High CourtCA/460/2016admittedallowedgrantedrule absolute

Shantibai Bhivsan Mahar And ORS v. The Executive Engineer, Dhule Medium Project Division 1., Dhule And ANR

2016-01-15Hon'Ble Shri Justice T.V. Nalawade2 pages

CA 460/16 in CA 11969/14 in X-OBJ (St) 28108/14 in FA 1987/12 ­ 1 ­

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.460/2016 IN CIVIL APPLICATION NO.11969/2014 IN CROSS OBJECTION (St) NO.28108/2014 IN FIRST APPEAL NO.1987/2012 Shantibai Bhivsan Mahar & others.

...Applicants..

Versus

The Executive Engineer, Dhule Medium Project Division­1, Dhule & another.

...Respondents...

.....

Shri R.C. Patil, Advocate for applicants.

Shri Chetan T. Jadhav, Advocate h/f Shri A.D. Pawar, Advocate for respondent no.1.

Shri C.V. Dharurkar, AGP for respondent no.2. .....

CORAM: T.V. NALAWADE, J.

DATE: 15.01.2016 ORDER :

1] Notice of the application is waived by learned counsel for the respective respondents.

2] Heard both the sides.

3] The application is filed for restoration of the

CA 460/16 in CA 11969/14 in X-OBJ (St) 28108/14 in FA 1987/12 ­ 2 ­ cross­objections. This Court had condoned the delay caused in filing cross­objections when Civil Application No.11969/2014 was allowed, but condition of deposit of costs of Rs.3500/­ was imposed. It appears that the present applicants - original claimants could not deposit the amount and so the cross­objections are dismissed. 4] In view of the submissions made and the contents of the application, the application is allowed. The amount be deposited by the applicants prior to 22.1.2016. If the same is not deposited as directed, it is to be treated that present application is rejected. (T.V. NALAWADE, J.) ndk/c1511620.doc