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Bombay High Court

GODAVARI KHORE MARATHWADA IRRIGATION DEV CORPORATION THROUGH THE EXECUTIVE ENGINEERversusTULSHIRAM GANPATI JAIBHAYE AND ORS

Disposal
DISPOSED OFF

Holding

The applications for stay are dismissed as infructuous.

Summary

The Godavari Khore Marathwada Irrigation Development Corporation filed several applications for stay of proceedings in 2010, which remained pending for about fifteen years. No parties appeared for the applicant, and the respondent was represented by Additional Government Pleader S. G. Sangle. The Court observed that there was no justification for the prolonged delay in hearing these applications. Consequently, the Court held that the applications had become infructuous due to the inordinate delay. The applications for stay were therefore disposed of as infructuous.

Issues considered

  • Whether applications for stay pending for fifteen years should be dismissed as infructuous

Subjects

  • stay of proceedings
  • infructuous
  • delay
  • civil procedure
  • application disposal

Judgment

                                       1                                13.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
                13 CIVIL APPLICATION NO. 14350 OF 2010
                           IN FAST/14366/2010

 GODAVARI KHORE MARATHWADA IRRIGATION DEV CORPORATION
                 THROUGH THE EXECUTIVE ENGINEER
                                 VERSUS
                TULSHIRAM GANPATI JAIBHAYE AND ORS
                                     ...
Advocate for Applicant : Ms. Geeta L. Deshpande. (Absent)
Additional GP for Respondent / State : Mr. S. G. Sangle.
                                     …

                                WITH
                 CIVIL APPLICATION NO. 14352 OF 2010
                          IN FAST/14747/2010

                                WITH
                 CIVIL APPLICATION NO. 14354 OF 2010
                          IN FAST/14747/2010

                                WITH
                 CIVIL APPLICATION NO. 14353 OF 2010
                          IN FAST/14747/2010

                                WITH
                 CIVIL APPLICATION NO. 14351 OF 2010
                          IN FAST/14366/2010
                                  ...


                                CORAM : SANJAY A. DESHMUKH, J.
                                DATE       :   22nd June, 2026.

P.C.:

1       None present for the applicants.



Applications for stay:

2       The appeals and the applications were filed in the year 2010.

The applications are pending since 15 years. There is no any reason
                                           2                                13.odt


      for keeping these applications pending for hearing. Therefore, the

      applications for stay have become infructuous. The applications for

      stay are disposed of as become infructuous.


      3    List other applications on 13th July, 2026.



                                           [ SANJAY A. DESHMUKH, J. ]
nga


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