Bombay High CourtCA/2473/2017disposed offdismissed for default

The Executive Engineer Osmanabad Minor Irrigation Division Osmanabad And Other v. Dhulappa Babarao Patil

2018-02-13Hon'Ble Shri Justice M.S. Sonak4 pages

{1} CIVIL APPLICATION NO.2473 OF 2017 IN Applicants Heard Mr.R.C.Patil, advocate for applicants and Ms.Sonawane, advocate for the Respondent. Perused the application for condonation. Sufficient cause has been shown for delay of 569 days in instituting the appeal. Accordingly, such delay is condoned and Civil Application is disposed of.

{2} Appellants Heard.

Admit.

Call for Record & Proceedings.

Ms.Sonawane, advocate waives service of notice on behalf of the Respondent.

{3} CIVIL APPLICATION NO.2474 OF 2017 IN Applicants Since, the entire awarded amount has been deposited by the applicants in this Court, ad interim relief granted earlier, is hereby confirmed.

Civil Application for interim relief/stay is disposed of.

{4} CIVIL APPLICATION NO.14976 OF 2017 IN Dhulappa s/o Babarao Patil Applicant The State of Maharashtra & others Respondents advocate for the applicant.

Mr.B.V.Virdhe, A.G.P. for Respondent No.1.

Mr.R.C.Patil, advocate for Respondent No.2.

Heard Ms.Sonawane, advocate for the applicant, learned A.G.P. for Respondent No.1 and Mr.Patil, advocate for Respondent No.2.

Taking into consideration age of the applicant and the fact that the order of Reference Court, which has been appealed, is in his favour, the applicant is permitted to withdraw 50% of the deposited amount by filing an undertaking that such withdrawal shall abide by final orders in the appeal.

Civil Application is disposed of.