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Bombay High CourtCAO/415/2023disposed off

V.I.D.C. Thr. Executive Engineer, Canal Division, Amravati And Another v. Motiram Mahadevrao Vizekar And Others

2023-03-23Hon'Ble Justice Urmila Joshi Phalke2 pages

(1) 33.cao.415.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.415 OF 2023 IN MISC. CIVIL APPLICATION STAMP NO.149 OF 2023 IN FIRST APPEAL NO.380 OF 2021 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Canal Division, Amravati and another Vs.

Motiram Mahadevrao Vizekar and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Mallika Babhulkar, Advocate h/f Mr. M. A. Kadu, Advocate for applicants. Mr. P. J. Mehta, Advocate for respondent No.1. Mr. K. L. Dharmadhikari, AGP for respondent Nos.2 and 3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 23/03/2023 1.

This application is for condonation of delay, as the appeal was dismissed for non-depositing the Court fees and the delay of 12 days is caused in filing the restoration application.

2.

In view of the reasons mentioned in the application that inadvertently the Court fee was not deposited, as conditional order was not noted by the applicants.

3.

The reason mentioned in the application is satisfactory and sufficient one, delay of 12 days is condoned.

4.

Civil application is disposed of.

(2) 33.cao.415.2023 MISC. CIVIL APPLICATION STAMP NO.149 OF 2023 1.

Now the Court fee has been already deposited. In view of that, appeal be restored at its original stage.

2.

Misc. Civil Application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 18:16