Executive Engineer, Khakapurna Prakalp, Deulgaon Raja v. Sheshrao Patilba Bangale And Another

1 cao66.18+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAO NO. 66/2018 AND MCA (ST.) NO. 738/2018 IN FIRST APPEAL NO. 561/2017 EE, Buldhana ..VS..

Sheshrao Patilba Bangale & anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.M. Gaidhane, Adv h/f Shri A. Parihar, Adv for applicant/appellant Ms. A.R. Kulkarni, AGP for the non-applicant/respondent no. 2 CORAM : Z.A.HAQ, J.

DATED : 17/09/ Accepting the explanation given in the applications, the delay of 188 days in filing the miscellaneous civil application is condoned, the order by which the appeal is dismissed in default is recalled and the first appeal is restored.

The civil application and the miscellaneous civil application are allowed accordingly. No costs. FIRST APPEAL NO. 561/2017 The appellant has filed Pursis (St.) No. 12845/2018 seeking permission to withdraw the appeal as according to the appellant the appeal is not required to be prosecuted in view of the policy of the State Government incorporated in the circular dated 23/02/2017 as modified on 13/08/2018.

2 cao66.18+ The appeal is disposed as withdrawn. No costs. The Court fee be refunded to the appellant as per the rules.

JUDGE Ansari