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Bombay High CourtCA/3334/2021delay condonatedrejected

The Ex. Engineer, Minor Irrigation Division, Latur Thr G.M.I.D.C., Aurangabad v. Avinash Chandrakant Shinde And ANR

2022-09-08Hon'Ble Shri Justice Sandipkumar C. More4 pages

{1} CIVIL APPLICATION NO.3334 OF 2021 IN FIRST APPEAL ST. NO. 39782 OF 2019 WITH CIVIL APPLICATION NO. 3336 OF 2021 IN FIRST APPEAL ST. NO. 40218 OF 2019 WITH The applicant-acquiring body, in all these applications, seeking condonation of delay periods mentioned in respective applications, which appears to be caused due to time lapsed in seeking approvals at various stages.

Though the learned Counsel for the original claimants strongly opposed the matters, but in similar other matters, this Court has already condoned the delay under order dated 30.04.2019 in C. A. No.5484 of 2019 and other connected matters. Accordingly, present applications are allowed and the delay mentioned therein stands condoned.

Appeals be placed for admission after removal of offce

{2} objections, if any.

Civil Applications are disposed of accordingly.

{3} CIVIL APPLICATION NO.3338 OF 2021 IN FIRST APPEAL ST. NO. 40222 OF 2019 The Executive Engineer, Minor Irrigation Division, Latur Applicants

Versus

Kishanrao Wamanrao Shinde & another Respondents Since Respondent No.1 is reported to be dead, the applicants to take necessary steps.

Stand over to 06.10.2022.

{4} CIVIL APPLICATION NO. 3337 OF 2021 IN FIRST APPEAL ST. NO. 40218 OF 2019 WITH CIVIL APPLICATION NO.3335 OF 2021 IN FIRST APPEAL ST. NO. 39782 OF 2019 Heard.

The impugned judgments and awards, in both these applications, are stayed till fnal disposal of appeals subject to deposit of entire compensation amount along with interest by the applicant-acquiring body in this Court, within twelve weeks from today. On failure of such deposit, the conditional stay granted shall stand vacated without back reference to this Court. The applications are accordingly disposed of.