Bombay High CourtCAF/297/2023dismissed for nonprosecutiondefault at final hearing stage

The Executive Engineer, Nimn Painganga Project Division, (Bembla Project) Yavatmal v. Shri Laxman Keshaorao Chandore And Others

2023-03-27Hon'Ble Justice Urmila Joshi Phalke2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CAF No.297/23 in FA St. No.1133/2023 (The Executive Engineer, Nimn Painganga Project Division (Belbla Project), Yavatmal V Laxman and others) ************************************************************************************ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

************************************************************************************ Mr. T. Zaheer, Advocate for appellant.

Ms. Udeshi, AGP for resp. nos. 2 and 3.

Ms Kashikar, Adv for resp. no.1.

CORAM : URMILA JOSHI-FALKE, J.

DATE : 27-03-2023 Heard.

This is an application for condonation of delay of 220 days caused in preferring the appeal. The appellant is the acquiring body preferred this appeal against the judgment and award passed by the 4th Joint Civil Judge Senior Division, Yavatmal. As per the contention of the appellant the reference Court has awarded compensation which is exorbitant and excessive one. The appellant is the statutory body and its officials have approached to the higher officials to obtain the necessary approvals, but they could not receive the approval within time and therefore the delay is caused. The delay is not intentional one. Application is strongly opposed by learned Advocate Ms Kashikar for respondent no.1 and learned AGP appearing for respondent nos. 2 and 3.

Considering the reasons mentioned in the application and the fact that the officials of the appellant have

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Application is disposed of.

FA St. No.1133/2023 Admit.

Call R and P.

The appellant to file paper book within 10 weeks. After receipt of R and P, the appeal be placed before the Court after filing of the paper book as per its own turn. Learned Advocate Ms. Kashikar waives notice for respondent no.1.

Learned AGP waives notice for respondent nos. 2 and 3.

JUDGE Deshmukh