Disposed

The Executive Engineer ( Architecture), (Building and Repairs Division), Osmanabad v. Mariba Yada Ingole Deceased Thro. Lrs. Arun Mariba Ingole and Others

Bombay HC30 Oct 2018CA/14488/2015

Case brief

AI extract

What is this about?

Single judge order condoning massive 1861-day delay in filing an appeal due to location change and loss of file track, permitting registration and subsequent disposal.

What did the court decide?

Condoned delay of 1861 days and registered the appeal; civil application disposed of.

What the court decided

The Executive Engineer ( Architecture)… — Civil Procedure and Limitation | Bombay HC (2018)

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940-CA-14488-2015 delay .odt

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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940 CIVIL APPLICATION NO. 14488 OF 2015
IN FAST/10365/2014

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THE EXECUTIVE ENGINEER ( ARCHITECTURE), (BUILDING
ANDREPAIRS DIVISION), OSMANABA

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VERSUS

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MARIBA YADA INGOLE DECEASED THRO. LRS. ARUN MARIBA
INGOLE AND OTHERS

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...

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Advocate for Applicants : Mr. Mundhe Sanjay V.
AGP for Respondents: Mr. S.B. Narwade
Advocate for Respondent Nos.1(A) To 1(D) & 1(F) :
Mr. Karad h/f Mr. P. R. Katneshwarkar

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...

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CORAM : P.R. BORA, J.
 DATED : 30th OCTOBER, 2018.

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PER COURT:-

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.Heard Shri Munde, the learned counsel

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appearing for the acquiring body and Shri Karad,
the learned counsel appearing for the original
claimants.

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2.The delay of 1861 days has occurred in

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filing the appeal by the acquiring body. It is
contended that since, the concerned office changed

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its location and thereafter there was no track

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with the matter and as such the judgment delivered

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in the said matter came to the notice of the

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acquiring body after quite a long time. The
learned counsel submits that substantial grounds

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940-CA-14488-2015 delay .odt

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(2)

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are raised in exception to the impugned judgment.
It is contended that when the SLAO had offered the
compensation at the rate of Rs.661/- per R, the
Reference Court has enhanced it to Rs. 4,670/- Per
R.

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3.The learned counsel for the claimants has
resisted the application. The learned counsel
submits that the reasons as are assigned are
insufficient to condone the delay. The learned
counsel further submits that the Trial Court has
enhanced the market value to the tune of Rs.

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2,839/- per R and not Rs. 4,670/- per R. The

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learned counsel in the circumstances has prayed for
rejecting the application.

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4.After having considered the submissions,

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it appears to me that an opportunity needs to be
given to the acquiring body since it could not put
its submissions before the Reference Court. Hence,
the following order:

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ORDER

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i)The delay of 1861 days caused in filing
the appeal is condoned. The appeal be
registered in accordance with law.

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940-CA-14488-2015 delay .odt

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(3)

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ii)The Civil Application stands disposed of.
iii)On registration of the appeal, issue
notice to the respondents, returnable on
05.12.2018. The learned counsel Shri
Karad waives notice for the original
claimants. Shri S.B. Narwade waives
notice for respondent-State. Service
complete.

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iv)List the present appeal for disposal at
the admission stage on 05.12.2018. Call
record and proceedings.

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Mujaheed//

The Executive Engineer ( Architecture), (Building and Repairs Division), Osmanabad v. Mariba Yada Ingole Deceased Thro. Lrs. Arun Mariba Ingole and Others

Case brief

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The Executive Engineer ( Architecture), (Building and Repairs Division), Osmanabad v. Mariba Yada Ingole Deceased Thro. Lrs. Arun Mariba Ingole and Others

Case brief

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