Executive Engineer, Nandur Madhyameshwar Project, Division Nashik. v. Bhavani Laxman Gowardhane (Deceased) Thr. Lrs. 1.1) Navnath Bhavani Gowardhane And ORS.

19-ASIA-16584-2021+.DOC Gitalaxmi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 16584 OF 2022 WITH INTERIM APPLICATION NO. 16585 OF 2022 WITH INTERIM APPLICATION NO. 18410 OF 2022 IN FIRST APPEAL (ST) NO. 9174 OF 2021 Executive Engineer, Nandur Madhyameshwar Project, Division Nashik ...Applicant/ Appellant

Versus

Bhavani Laxman Gowardhane (Deceased) through LR Navnath Bhavani Gowardhane & Ors.

...Respondents

Ms. Chaitrali Deshmukh, for the Applicant/Appellant. Ms. Tanaya Goswami, AGP, for the Respondent-State.

CORAM

Dr. Neela Gokhale, J.

DATED:

11th January 2024 PC:- 1.

The application seeks to recall and set aside order dated 22nd September 2022, whereby the First Appeal was dismissed for failure on the part of Applicant/Appellant to remove ofÏce objections. 11th January 2024

19-ASIA-16584-2021+.DOC 2.

Ms. Chaitrali Deshmukh, learned Counsel for the Applicant/Appellant says that she had instructed her clerk to remove the ofÏce objections and inadvertently, her clerk failed to do so. The First Appeal was thus dismissed for want of removal of the ofÏce objections within the stipulated time.

3.

Since the lapse is an inadvertent error on the part of the advocate and her clerk, I am of the view that sufÏcient cause has been made out to recall the order dated 22nd September 2022 and restore the First Appeal to its original file. 4.

In view of foregoing, all the applications stand disposed accordingly.

(Dr. Neela Gokhale, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:

2024.01.12 14:02:58 +0545 GITALAXMI KRISHNA KOTAWADEKAR 11th January 2024