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Bombay High CourtCA/1905/2017disposed offdismissed for default

Godawari Marathwada Irrigation Development Corporation Thr The Executive Engineer, Jalna And ANR v. Dwarkabai Vishnu Misal And ANR

2019-07-31Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.1905 OF 2017 IN FAST/36943/2016 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION THR THE EXECUTIVE ENGINEER

VERSUS

DWARKABAI VISHNU MISAL AND ANR ...

Mrs. Anagha Pedgaonkar, Advocate h/f Mrs. Kalpalata Patil Bharaswadkar, Advocate for the applicant No.1 Mr. D.U. Manwatkar, Advocate h/f Mr. S.S. Randive, Advocate for the respondent No.1 ...

CORAM :

SMT. VIBHA KANKANWADI, J.

DATE :

31st JULY, 2019 PER COURT :

Present application is filed for getting delay of 883 days condoned in filing the appeal. The learned Advocate appearing for the respondent-claimant raises strong objection.

It is to be noted that the present applicant No.1 was not party to the proceedings before the learned reference Court. Under such circumstance, knowledge of the Judgment and Award could not have been to the applicant immediately after the pronouncement of the Judgment. Under

CA_1905_2017 such circumstance, reasonable ground has been made to condone the delay. Hence, the application stands allowed and disposed of accordingly. Registry to verify and register the appeal and place it for further consideration on 06.09.2019.

( Smt. Vibha Kankanwadi, J. ) agd