Allowed

Gmidc Aurangabad through Executive Engineer Minor Irrigation Divn Latur v. Namdeo Shivram Chole and Anr.

Bombay HC17 Aug 2012CA/3203/2011

Case brief

AI extract

What is this about?

Multiple civil applications for leave to file appeal and condonation of delay. The High Court held that an interested party not present at the Reference Court has the right to appeal and condoned the filing delay based on stated reasons.

What did the court decide?

Leave to file appeals granted; delay in filing First Appeal condoned; civil applications disposed of.

Gmidc Aurangabad through Executive Engineer… — Civil Procedure and Limitation | Bombay HC (2012)

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1 3200-11-ca.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO.3200 OF 2011 IN F.A.ST.NO.1755/2011 CIVIL APPLICATION NO.3203 OF 2011 IN F.A.ST.NO.1695/2011 CIVIL APPLICATION NO.3206 OF 2011 IN F.A.ST.NO.1759/2011 CIVIL APPLICATION NO.3209 OF 2011 IN F.A.ST.NO.1763/2011 CIVIL APPLICATION NO.3212 OF 2011 IN F.A.ST.NO.1767/2011 CIVIL APPLICATION NO.3215 OF 2011 IN F.A.ST.NO.1772/2011 CIVIL APPLICATION NO.3224 OF 2011 IN F.A.ST.NO.1806/2011 CIVIL APPLICATION NO.3228 OF 2011 IN F.A.ST.NO.1801/2011 CIVIL APPLICATION NO.3231 OF 2011 IN F.A.ST.NO.1784/2011 CIVIL APPLICATION NO.3234 OF 2011 IN F.A.ST.NO.1792/2011 CIVIL APPLICATION NO.3237 OF 2011 IN F.A.ST.NO.1793/2011 CIVIL APPLICATION NO.3240 OF 2011 IN F.A.ST.NO.1788/2011 CIVIL APPLICATION NO.3243 OF 2011 IN F.A.ST.NO.1779/2011 CIVIL APPLICATION NO.3245 OF 2011 IN F.A.ST.NO.1776/2011

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Mr.R.D.Biradar, adv for applicant [in all applications].

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Mr.K.G.Patil, AGP for resp.no.3 [in all applications].

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CORAM : S.V.GANGAPURWALA, J. DATED : AUGUST 17, 2012.

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P.C. :

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These applications are seeking leave to file Appeal. Appeal assails the judgment and award passed by Reference Court. The applicant is acquiring body. Applicant was not party before Reference Court. As the applicant is an interested party, the applicant has a right to file Appeal.

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2 3200-11-ca.odt

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2] In view of above, applications for leave to file Appeal are allowed. Leave to file Appeals is granted. Civil Applications are disposed of.

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[S.V.GANGAPURWALA, J.]

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kbp

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3 3200-11-ca.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO.3201 OF 2011 IN F.A.ST.NO.1755/2011 CIVIL APPLICATION NO.3204 OF 2011 IN F.A.ST.NO.1695/2011 CIVIL APPLICATION NO.3207 OF 2011 IN F.A.ST.NO.1759/2011 CIVIL APPLICATION NO.3210 OF 2011 IN F.A.ST.NO.1763/2011 CIVIL APPLICATION NO.3213 OF 2011 IN F.A.ST.NO.1767/2011 CIVIL APPLICATION NO.3216 OF 2011 IN F.A.ST.NO.1772/2011 CIVIL APPLICATION NO.3225 OF 2011 IN F.A.ST.NO.1806/2011 CIVIL APPLICATION NO.3230 OF 2011 IN F.A.ST.NO.1801/2011 CIVIL APPLICATION NO.3232 OF 2011 IN F.A.ST.NO.1784/2011 CIVIL APPLICATION NO.3235 OF 2011 IN F.A.ST.NO.1792/2011 CIVIL APPLICATION NO.3238 OF 2011 IN F.A.ST.NO.1793/2011 CIVIL APPLICATION NO.3241 OF 2011 IN F.A.ST.NO.1788/2011 CIVIL APPLICATION NO.3244 OF 2011 IN F.A.ST.NO.1779/2011 CIVIL APPLICATION NO.3247 OF 2011 IN F.A.ST.NO.1776/2011

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Mr.R.D.Biradar, adv for applicant [in all applications].

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Mr.K.G.Patil, AGP for resp.3 [in all applications].

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CORAM : S.V.GANGAPURWALA, J. DATED : AUGUST 17, 2012.

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P.C. :

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These applications are for condonation of delay in filing First Appeal. Learned AGP appears for respondent State. Other non applicants, though served, are not present. Applicant was not party before the Reference Court. As such, limitation will have to be taken in to account from the date

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4 3200-11-ca.odt

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of knowledge. Taking into account the reasons stated in the applications, applications are allowed. Delay condoned.

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[S.V.GANGAPURWALA, J.]

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kbp

Gmidc Aurangabad through Executive Engineer Minor Irrigation Divn Latur v. Namdeo Shivram Chole and Anr.

Case brief

What is this about?

What did the court decide?

Gmidc Aurangabad through Executive Engineer Minor Irrigation Divn Latur v. Namdeo Shivram Chole and Anr.

Case brief

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What did the court decide?

What the court decided

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Gmidc Aurangabad through Executive Engineer Minor Irrigation Divn Latur Vs Namdeo Shivram Chole and Anr.