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Bombay High Court

The Executive Engineer, Irrigation ... vs Baburao Hanumant Jadhav Dead Thr Lrs ... on 28 August, 2018

Author: P.R.Bora

Bench: P.R.Bora

                                 {1}             903 CA 6702 of 2017 & ors.

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                                   
              903 CIVIL APPLICATION NO. 6702 OF 2017
                         IN FAST/12826/2016
               WITH CA/6704/2017 IN FAST/13106/2016
               WITH CA/6706/2017 IN FAST/13112/2016
               WITH CA/6708/2017 IN FAST/13244/2016
               WITH CA/6710/2017 IN FAST/13055/2016
               WITH CA/6712/2017 IN FAST/13070/2016
               WITH CA/6714/2017 IN FAST/13094/2016
               WITH CA/6716/2017 IN FAST/13049/2016
               WITH CA/6718/2017 IN FAST/13073/2016
               WITH CA/6720/2017 IN FAST/13058/2016
               WITH CA/6722/2017 IN FAST/13100/2016
               WITH CA/6724/2017 IN FAST/13088/2016
               WITH CA/6726/2017 IN FAST/13076/2016
               WITH CA/6728/2017 IN FAST/13085/2016
               WITH CA/6730/2017 IN FAST/13091/2016
               WITH CA/6732/2017 IN FAST/13115/2016
               WITH CA/6734/2017 IN FAST/13079/2016
               WITH CA/6736/2017 IN FAST/13103/2016
               WITH CA/6738/2017 IN FAST/13064/2016
               WITH CA/6740/2017 IN FAST/13052/2016
               WITH CA/6742/2017 IN FAST/13061/2016
               WITH CA/6744/2017 IN FAST/13109/2016
               WITH CA/6746/2017 IN FAST/13067/2016
               WITH CA/6748/2017 IN FAST/13046/2016
               WITH CA/6750/2017 IN FAST/13082/2016
               WITH CA/6752/2017 IN FAST/13250/2016

   THE EXECUTIVE ENGINEER, IRRIGATION PROJECT MAJBUTIKARN
               DIVISION, OMERGA AND OTHERS
                          VERSUS
         SHIVSHANKAR KRISHNAJI GAIKWAD AND OTHERS

                                ...
          Advocate for Applicants :Shri Sujeet G.Karlekar
     Advocate for Respondents/Original Claimants : Shri A.B.Kale
                                ...




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                                           {2}               903 CA 6702 of 2017 & ors.

                                       CORAM : P.R.BORA, J. 

                                       DATE:     28th August, 2018 

 PER COURT:-

 1        When   the   present   matters   were   called   out,   learned   Counsel

 Shri A.B.Kale submitted that he has instructions to appear for all the

 respondents i.e. original claimants in all these matters and he will be

 filing his Vakalatnama in the matters in which it is not filed, within

 one week.



 2        In   the   circumstances,   though,   the   office   remark   shows   the

 matters   to   be   pending   for   service   of   notice,   service   is   held   as

 complete.  



 3        Heard Shri Sujeet G.Karlekar, learned Counsel appearing for

 the Acquiring Body and Shri A.B.Kale, learned Counsel appearing

 for the respondents/original claimants.



 4        Delay of 875 days has occurred in filing the present

 Appeals by the Acquiring Body.                 The reasons are elaborated in

 paragraph Nos.4 to 6 of the present applications.



 5        The learned Counsel Shri Kale submits that he is not




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                                             {3}               903 CA 6702 of 2017 & ors.

 seriously disputing for condoning the delay and desires that the

 the appeals be decided on merits.



 6        In   view   of   the   submissions   so   made,   the   following   order   is

 passed:-

                                        ORDER

I) Delay of 875 days caused in filing the present Appeals is condoned.

II) The civil applications stand disposed of.

III) The Appeals be registered in accordance with law. After registration of the Appeals, issue notice to the respondents.

IV) Shri A.B.Kale, learned Counsel waives service of notice for all the respondents in all these matters, who are the original claimants. Server complete.

V) List the Appeals on 25.09.2018 for admission.

VI) Call Record and Proceedings.

(P.R.BORA) JUDGE SPT ::: Uploaded on - 30/08/2018 ::: Downloaded on - 30/08/2018 23:19:05 :::