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Bombay High CourtCA/1480/2017admittedallowedgrantedrule absolute

The State Of Maharashtra And ORS v. Chandarrao Bhimrao Patil

2018-03-01Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

1480.17CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1480 OF 2017 IN FIRST APPEAL STAMP NO. 36105 OF 2016 The State of Maharashtra ThroughCollector, Latur and others ...Applicants

Versus

Chandarrao Bhimrao Patil ...Respondent ...

Mr. A. D. Namde, AGP for applicants.

Mr. Amol G. Vasmatkar h/f V. G. Sakolkar, Advocate for respondent.

...

[CORAM: SUNIL P. DESHMUKH, J.] Date: 01 st March, 2018 ORDER :

1.

Heard learned Assistant Government Pleader for applicants and learned counsel for respondents. 2.

Learned Assistant Government Pleader refers to contents of paragraphs no. 2, 3 and 4 of the application and states that delay has been caused in the circumstances referred to in said paragraphs. He submits that delay has been caused in the official movement of the matter from one table to other and one department to

1480.17CA.odt another. Applicants have not gained any benefit from delay caused.

3.

Learned counsel for respondent purports to resist the application, stating that no credibility be given to submissions and reasons in the application since the contentions of the applicants have not been supported by placing anything on record.

4.

Although learned counsel for respondents submits so, he has not been able to challenge veracity of claims as would be appearing under paragraphs no. 2, 3 and 4 of the civil application.

5.

In view of aforesaid, it would be expedient to grant the application.

6.

Civil application is, accordingly, allowed in terms of prayer clause (B) and is disposed of.

[SUNIL P. DESHMUKH, J.] vdk