V.I.D.C. Thr. Executive Engineer, Yavatmal Const. Proj. Division, Yavatmal v. Suresh Ramji Rathod And Others

1 27 caf 2212-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2212/2021 IN FIRST APPEAL ST. NO.679/2021 Vidarbha Irrigation Development Corporation through its Executive Engineer, Yavatmal Vs.

Suresh Ramji Rathod 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 Anjali Agrawal, Adv. h/f Ms A.S. Athalye, Adv. for appellant Shri R.J. Shinde, Advocate for respondent No.1 Ms H.N. Jaipurkar, AGP for respondent Nos.2 and 3 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

03/08/ Heard.

2.

The present application is filed for condonation of delay in filing the First Appeal. The delay is of 579 days.

3.

Learned Counsel for respondent vehemently opposed the application.

4.

Considering the reasons stated in paragraph Nos.3 and 4 of the application, I am satisfied that there is no intentional delay and due to administrative procedure the delay has been caused.

5.

Delay in filing First Appeal is hereby condoned.

6.

Civil Application is allowed and disposed of. 7.

Registry is directed to register the First Appeal.

2 27 caf 2212-2021 CIVIL APPLICATION (CAF) NO.2213/2021 The learned Counsel for appellant further submits that the appellant will deposit the entire decreetal amount within two weeks. In view thereof, the application is allowed.

2.

The stay is granted to the effect and operation of the impugned judgment in LAC No.32/2008, during the pendency of this application subject to deposit of entire decreetal amount within two weeks.

FIRST APPEAL ST. NO.679/2021 Heard.

2.

Admit.

3.

Call for the record and proceedings.

4.

Shri R.J. Shinde, learned Counsel waives notice for respondent No.1.

5.

Ms. H.N. Jaipurkar, learned AGP waives notice for respondent Nos.2 and 3.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE