Raghunath Dattatraya Gharpure v. The Chief Engineer, Irrigation Department, Nagpur And Others

14. CAS 246.21 in SAst. 1160.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 246 OF 2021 IN SECOND APPEAL (ST.) NO. 1160 OF 2020 RAGHUNATH DATTATRAYA GHARPURE ...VERSUS...

THE CHIEF ENGINEER, IRRIGATION DEPARTMENT, NAGPUR AND ORS. ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mrs. Smita P. Deshpande, Advocate for appellant/applicant.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

rd MAY , 2023 The present application is filed for condonation of delay in filing Second Appeal.

2.

In spite of service to the respondents, no reply is filed to the application.

3.

There is delay of 98 days, the reason for which, is duly explained in para nos. 3, 4 and 5 of the application. For the reasons stated in the application, there is no intentional or deliberate delay in filing Second Appeal. The applicant was pursuing remedy under bonafide belief that it was the remedy available to him. As such, the application is allowed.

4.

Delay in filing Second Appeal is hereby condoned. 5.

Registry is directed to register Second Appeal. 6.

The application stands disposed of.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar