Disposed

Executive Engineer, Majalgaon Canal Division NO.10 Parbhani, Under Gmidc Aurangabad and Others v. Ganesh Kishanrao Dhawale and Another

Bombay HC14 Feb 2019CA/13246/2015

Case brief

AI extract

What is this about?

High Court at Aurangabad permitted the petitioner, an acquiring body, to withdraw several civil appeals and related applications, considering that the acquiring body no longer intended to prosecute the matters and delay condonation appeals were pending.

What did the court decide?

Permitted withdrawal of appeals, condonation of delay, and stay applications; disposed of pending applications.

Executive Engineer, Majalgaon Canal Division NO.10 Parbhani… — Land Acquisition | Bombay HC (2019)

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13245.2015.CA.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY. BENCH AT AURANGABAD.

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931 CIVIL APPLICATION NO.13245 OF 2015 IN FAST/28693/2015 WITH CA/13091/2015 IN FAST/29125/2015 WITH CA/13092/2015 IN FAST/29125/2015 WITH CA/13246/2015 IN FAST/28693/2015 WITH CA/13247/2015 IN FAST/29032/2015 WITH CA/13248/2015 IN FAST/29032/2015 WITH CA/14370/2017 IN FAST/28693/2015 WITH CA/14372/2017 IN FAST/29125/2015 WITH CA/14376/2017 IN FAST/29032/2015

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EXECUTIVE ENGINEER, MAJALGAON CANAL DIVISION NO.10 PARBHANI, UNDER GMIDC AURANGABAD AND OTHERS VERSUS

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GANESH KISHANRAO DHAWALE AND ANOTHER

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Advocate for Applicants : Shri B.R. Surwase Advocate for Respondents No.1 & 2 : Shri M.P. Kale

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CORAM : P.R. BORA, J. Dated: February 14, 2019

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PER COURT :

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When these matters are taken up for hearing, Shri Surwase, learned Counsel appearing for the appellant - Acquiring Body submitted that, the connected appeals arising out of the same acquisition proceedings are already withdrawn

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by the Acquiring Body. Learned Counsel, on instructions, submitted that, the Acquiring Body does not intend to prosecute these matters further.

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2 13245.2015.CA.doc

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In the present appeals, since delay has occasioned in filing the appeals, the delay condonation applications are also filed by the Acquiring Body and the same are pending for consideration.

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In view of the fact that, now the Acquiring Body does not intend to prosecute these matters further and has sought leave to withdraw the present appeals, the following order is passed.

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ORDER

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(i) The applicant – Acquiring Body is permitted to withdraw the appeals on stamp numbers filed by it along with the applications for condonation of delay and stay. Consequently, the appeals on stamp numbers as well as the applications for condonation of delay and applications for stay stand disposed of since withdrawn.

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(ii) The amount deposited by the Acquiring Body in this Court in the appeals on stamp numbers is permitted to be withdrawn by the claimants in the respective appeals in terms of respective Awards, if already the same is not withdrawn by them.

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3 13245.2015.CA.doc

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(iii) The applicant – Acquiring Body is entitled for the

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refund of the Court fees in accordance with law.

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(iv) Pending Civil Application/s for withdrawal of amount stands disposed of.

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( P.R. BORA, J. )

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ggp

Executive Engineer, Majalgaon Canal Division NO.10 Parbhani, Under Gmidc Aurangabad and Others v. Ganesh Kishanrao Dhawale and Another

Case brief

What is this about?

What did the court decide?

Executive Engineer, Majalgaon Canal Division NO.10 Parbhani, Under Gmidc Aurangabad and Others v. Ganesh Kishanrao Dhawale and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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