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Bombay High CourtCA/1846/2019disposed offdismissed for default

Executive Engineer, Medium Project Division, Latur v. Gulab Puna Rathod And ORS

2019-06-28Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

966-ca-1817-19 with group (delay).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 966 CIVIL APPLICATION NO.1817 OF 2019 IN FAST/38943/2018 WITH CA/1821/2019 IN FAST/39111/2018 WITH CA/1823/2019 IN FAST/39081/2018 WITH CA/1825/2019 IN FAST/39099/2018 WITH CA/1828/2019 IN FAST/39104/2018 WITH CA/1832/2019 IN FAST/39085/2018 WITH CA/1834/2019 IN FAST/39090/2018 WITH CA/1836/2019 IN FAST/39078/2018 WITH CA/1838/2019 IN FAST/39075/2018 WITH CA/1841/2019 IN FAST/39072/2018 WITH CA/1844/2019 IN FAST/39094/2018 WITH CA/1846/2019 IN FAST/39069/2018 THE EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, LATUR AND ORS

VERSUS

SITARAM RAMSING @ RAMSU PAWAR ...

Advocate for Applicants : Ms. Shelke Sunita Dashrath Advocate for Respondent No.1 : Mr. Kale Gopal D. AGP for Respondent Nos.2 and 3/State : Mr. S.P. Deshmukh ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 28th JUNE 2019 ORDER :

1.

All these applications have been filed for getting the delay of 1603 days condoned. The judgment and award under challenge is dated 02-05-2014 passed by learned Civil Judge, Senior Division, Ahmedpur. It is contended that since the time has been consumed for

966-ca-1817-19 with group (delay).doc obtaining necessary documents, communications, permission and sanction as well as making budgetary provision, the delay is unintentional.

2.

The applications are strongly opposed contending that there is huge and inordinate delay which has not been properly explained by the applicant.

3.

Perusal of the application would show that there is no proper explanation for not obtaining certified copies for almost four years. What action has been taken by the applicant is after calculating the certified copies, since it appears that the learned Advocate appearing for the respondent/original claimant has much serious objection, the applications are allowed. The delay caused in filing First Appeal is condoned.

4.

Civil Applications are allowed and disposed of accordingly. 5.

Registry to verify and register the First Appeals and place it for further consideration on 21-08-2019.

( Smt. Vibha Kankanwadi, J. ) Shubham/