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Bombay High CourtCA/14481/2023delay condonatedrejected

Executive Engineer, Sina Kolegaon Project Division Paranda v. Gajendra S/O Digambar Ghogare, Died, His.Lrs., 1.1 Chandrasena Gajendra Patil

2023-12-12Hon'Ble Shri Justice Arun R. Pedneker3 pages

2023:BHC-AUG:26052 1 931&936

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14475 OF 2023 EXECUTIVE ENGINEER, SINA KOLEGAON PROJECT DIVISION PARANDA AND ORS

VERSUS

BHAUSAHEB S/O GAJENDRA PATIL, ...

WITH CIVIL APPLICATION NO. 14476 OF 2023 WITH CIVIL APPLICATION NO. 14481 OF 2023 WITH CIVIL APPLICATION NO. 14482 OF 2023 WITH CIVIL APPLICATION NO. 14479 OF 2023 WITH CIVIL APPLICATION NO. 14480 OF 2023 WITH CIVIL APPLICATION NO. 14477 OF 2023 WITH CIVIL APPLICATION NO. 14478 OF 2023 WITH CIVIL APPLICATION NO. 14483 OF 2023 WITH CIVIL APPLICATION NO. 14484 OF 2023 WITH CIVIL APPLICATION NO. 14485 OF 2023 WITH CIVIL APPLICATION NO. 14486 OF 2023 ...

Advocate for Applicants: Mr. Gulab B. Rajale Advocate for the Respondents / Original Claimants: Mrs. Vaishali A. Shinde - More ...

AND ...

CIVIL APPLICATION NO. 14799 OF 2023 EX. ENGINEER SEENA KOLEGAON PROJECT AT PARANDA DIST OSMANABAD

VERSUS

UMESH GAJENDRA GHOGRE AND ORS

2 931&936 ...

WITH CIVIL APPLICATION NO. 14800 OF 2023 ...

Advocate for Applicant: Mr. Pramod A. Pisal Advocate for the Respondents / Original Claimants: Mrs. Vaishali A. Shinde - More AGP for Respondent / State: Mr. N. S. Tekale ...

CORAM:ARUN R. PEDNEKER, J.

DATE :12th DECEMBER, 2023 PER COURT:

1.

Heard.

2.

Issue notice to the respondents, returnable on 12.03.2024. Mrs. Vaishali A. Shinde - More, learned counsel appears for the original claimants. The learned AGP waives service of notice on behalf of the Respondents / State Authorities.

3.

For the reasons mentioned in the applications for condonation of delay, the delay of 161, 162 and 179 days in respective matters is condoned. The civil applications for condonation of delay are disposed of.

4.

In civil applications for stay, the learned counsel for the original claimants has produced order

3 931&936 dated 14.09.2022, passed in Civil Application No.12957 of 2022 in First Appeal Stamp No.23436 of 2022, wherein this court has granted stay, subject to deposit of entire amount. The learned counsel further submits that in the order passed for stay in First Appeal Stamp No.23436 of 2022, the reference court had granted price of Rs.3,00,000/- per Hector. In the instant case, it is Rs.2,20,000/- per Acre.

5.

In view of the same, there shall be ad interim stay to the impugned award of the reference court, subject to deposit of 100% amount as directed by the reference court along with accrued interest thereon till date within a period of 12 weeks from today.

[ARUN R. PEDNEKER, J.] marathe