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Bombay High CourtCA/2208/2023delay condonatedrejected

The Executive Engineer, Minor Irrigation Division, Jalna v. Vitthal Ambadas Thombare

2023-02-20Hon'Ble Shri Justice Sandipkumar C. More3 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2208 OF 2023 IN FIRST APPEAL ST. NO. 32897 OF 2022 The Executive Engineer, Minor Irrigation Division, Jalna Applicant

Versus

Vitthal Ambadas Thombare Respondent Mr. S. G. Bhalerao, advocate for the Applicant Mr. A. B. Kale, advocate for the Respondent. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 20th February, 2023.

PC :

Heard.

Issue notice to the respondent.

Learned Counsel Mr. Kale waives notice for the sole-respondent-claimant.

Heard rival submissions.

The applicant-acquiring body is seeking condonation of delay of 150 days which appears to be caused due to obtaining approvals at various stages. Though the

{2} application is opposed, but considering the statutory right of the applicant, delay of 150 days stands condoned. Appeal be placed for admission after removal of offce objections, if any.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb

{3}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2209 OF 2023 IN FIRST APPEAL ST. NO. 32897 OF 2022 The Executive Engineer, Minor Irrigation Division, Jalna Applicant

Versus

Vitthal Ambadas Thombare Respondent Mr. S. G. Bhalerao, advocate for the Applicant Mr. A. B. Kale, advocate for the Respondent. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 20th February, 2023.

PC :

Issue notice to the respondent.

Learned Counsel Mr. Kale waives notice for the sole-respondent-claimant.

Heard rival submissions.

There shall be interim relief in terms of prayer clause {B} subject to deposit of entire amount of compensation along with interest within ten weeks. (SANDIPKUMAR C. MORE) JUDGE adb