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Bombay High CourtCA/2629/2017disposed offdismissed for default

Executive Engineer, Lower Dudhna Project Division, Sailu Now Jalna Irrigation Division,Jalna And Or v. Pandit Ganpati Bhadarge

2018-10-03Hon'Ble Shri Justice P.R. Bora2 pages

6797.17CA+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6797 OF 2017 IN FA ST NO.37334/2016 WITH CIVIL APPLICATION NO.2629 OF 2017 IN FA ST NO.37423/2016 ...

Shri B.R.Surwase, Advocate for the applicants Shri Kumar Gaurav M. More, Advocate for the respondent no.3.

Shri A.M.Phule, AGP for the respondent-State. ...

CORAM : P.R.BORA,J.

DATE : 06.10.2018 ORDER:

1.

Heard Shri B.R.Surwase, learned counsel appearing for the applicants - acquiring body, Shri A.M.Phule, learned AGP for the respondent - State and Shri G.M. More, learned counsel appearing for the respondent i.e. original claimants.

2.

The delay of 576 and 610 days respectively has occurred in filing the present Appeals. The delay caused in filing the present Appeals has been sufficiently explained by the acquiring body. I am, therefore, inclined to allow these Applications. Hence the following order:

6797.17CA+.odt

ORDER

i] The delay caused in filing the present Appeals is condoned. First Appeals be registered in accordance with law. The Civil Applications stand disposed of.

ii] On registration of the Appeals, issue notice to the respondents. Shri G.M.More, learned counsel waives service of notice for respondents - original claimants i.e. the legal heirs of the original claimants, who now brought on record. Shri A.M.Phule, AGP for the respondent - State. Service complete.

iii] List the Appeals for final disposal on 11th October, 2018.

[P.R.BORA] JUDGE DDC