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Bombay High CourtCA/14688/2019disposed offdismissed for default

The Ex. Engineer, Waghur Dam Division, Jalgaon And ORS v. Vidyabai Wamanrao Patil And ORS

2020-08-21Hon'Ble Shri Justice V.L. Achliya2 pages

1 944 CA 14688.2019 in FASt. 35102.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO. 14688 OF 2019 IN FIRST APPEAL STAMP NO. 35102 OF 2019 THE EX. ENGINEER, WAGHUR DAM DIVISION, JALGAON AND ORS.

VERSUS

VIDYABAI WAMANRAO PATIL AND ORS.

...

Mr. S.D.Dhongade, Advocate for applicants.

Mr. A.J.Patil, Advocate for R-1 to 3 to 7 Mr. S.Y.Mahajan, A.G.P. for State.

...

CORAM : V.L.ACHLIYA,J.

DATE : 21/08/2020 ...

PER COURT :

1.

This application is filed seeking condonation of 286 days delay in filing Appeal for the reasons set out in detail in the application.

2.

Heard learned counsel for applicants and counsel representing the repondents.

3.

On due consideration of the submissions advanced in the light of unchallenged uncontroverted pleadings made in the application, I am of the view delay deserves to be condoned. If delay is not condoned, serious prejudice may be caused to the applicants. If delay is condoned, no prejudice would

2 944 CA 14688.2019 in FASt. 35102.2019 cause to other side. Hence, the application is allowed in terms of prayer clause 'B'. Delay condoned. Appeal be registered.

4.

The application disposed of in above terms.

[V.L.ACHLIYA] JUDGE KNP