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Bombay High CourtCAF/1933/2016dispossed offdismiss for default

The State Of Maha., Thr. Collector, Wardha And Others v. M/S. Mahavirnagar, Partnership Firm, Thr. Partners, Rajendra C. Fattepuriya And Another

2017-06-14Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

1406 CAF 1932-2016 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F. No. 1932/2016 IN FIRST APPEAL ST. No. 2703/2016 THE STATE OF MAHA. THROUGH DISTT. COLLECTOR, WARDHA AND OTHERS -vs- M/S. MAHAVIRNAGAR, PARTNERSHIP FIRM THROUGH ITS PARTNERS. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Ms. S. Haider, AGP for appellants.

Shri S.K. Bhoyar, for respondent nos.1 and 2. CORAM : DR S.S.PHANSALKAR-JOSHI, J.

DATE : JUNE 14, 2017 This is an application for condonation of delay.

Heard learned Assistant Government Pleader and learned counsel for the respondent nos.1 and 2. For the reasons stated in para nos.3, 4 and 5, as sufficient cause is made out and as the learned counsel for the respondents has no objection, the delay caused in the matter is though of substantial period, is condoned with no order as to costs.

The application is allowed and disposed of accordingly.

FIRST APPEAL ST. No. 2703/2016.

Heard learned Assistant Government Pleader for the appellant and learned counsel for the respondents.

ADMIT.

Call for Record and Proceedings.

1406 CAF 1932-2016 2/2 As the appellant is the State, filing of private paper book is dispensed with.

The learned counsel for the respondents waives service of notice.

C.A.F. No. 1933/2016.

It is submitted by the learned counsel for the respondents-original claimants that the appellants have deposited the entire amount of compensation with the executing court and the respondents have already withdrawn the same. Hence, no question arises of granting any stay to the execution proceeding. The application is, therefore, disposed of, as it becomes infructuous.

JUDGE Yenurkar