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Bombay High CourtCA/5019/2020disposed offdismissed for default

The Ex. Engineer, Minor Irrigation Division, Jalgaon And ORS v. Mandabai Bhaurao Chaudhari

2020-09-10Hon'Ble Shri Justice Sunil P. Deshmukh,Hon'Ble Shri Justice R. G. Avachat4 pages

8-CA.5019 and ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5019 OF 2020 FIRST APPEAL (STAMP) NO.37265 OF 2019 Mandabai Bhaurao Chaudhari CIVIL APPLICATION NO.5021 OF 2020 FIRST APPEAL (STAMP) NO.37317 OF 2019 Jaiwantabai Ramdas Thorat CIVIL APPLICATION NO.5023 OF 2020 FIRST APPEAL (STAMP) NO.37272 OF 2019 Vijaya Samadhan Patil CIVIL APPLICATION NO.5025 OF 2020 FIRST APPEAL (STAMP) NO.37293 OF 2019

Nirmalabai Baburao Ghongade CIVIL APPLICATION NO.5027 OF 2020 FIRST APPEAL (STAMP) NO.37311 OF 2019 Laxmibai Bhimrao Patil CIVIL APPLICATION NO.5029 OF 2020 FIRST APPEAL (STAMP) NO.37299 OF 2019 Baburao Keshav Ghongade Rupesh Samadhan Patil (Gen.Mu) CIVIL APPLICATION NO.5031 OF 2020 FIRST APPEAL (STAMP) NO.37288 OF 2019 Onkar Arjun Patil (died) Through L.Rs. Banabai and ors.

CIVIL APPLICATION NO.5033 OF 2020 FIRST APPEAL (STAMP) NO.37305 OF 2019 Samadhan Onkar Patil (Gen.Mu) CIVIL APPLICATION NO.5035 OF 2020 FIRST APPEAL (STAMP) NO.37279 OF 2019 Vijay Daulat Navhi ---- Mr. S.D.Dhongade, Advocate for applicant Mr. Vinod Patil, Advocate for respondents ---- CORAM : SUNIL P. DESHMUKH AND R.G. AVACHAT, JJ.

DATE : SEPTEMBER 10, 2020 PER COURT :- Heard learned Counsel appearing for parties.

2.

Learned Counsel for respondents-claimants purports to resist, albeit he is neither in a position to overcome the veracity of

the contentions raised in the application or submissions advanced today nor has filed affidavit-in-reply.

4.

In the circumstances, taking into account decisions of Hon'ble Supreme Court in the cases of Collector, Land Acquisition, Anantnag Vs. Mst. Katiji and others reported in AIR 1987 SC 1353 and Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and others reported in (2013) 12 Supreme Court Cases 649, we deem it expedient to conodone delay.

5.

Civil applications accordingly are allowed in terms of prayer clause (B) and are disposed of.

[R.G. AVACHAT, J.] [SUNIL P. DESHMUKH , J.] kbp