Executive Engineer, Minor Irrigation Division, Risod, Washim v. Vitthal Pralhad Tanpure And Others
caf 1052.18.
1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR Civil Application (F) No.1052/2018 in First Appeal St No.1914/2018 Executive Engineer, Minor Irrigation Division, Washim V Vitthal Tanpure 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. Abhijit Parihar, Advocate h/f Mr. B.N. Jaipurkar, Advocate for the applicant.
Mr. K.S. Narwade, Advocate for non-applicant no.1. Ms. T.H. Udeshi, AGP for non-applicants no.2 and 3. CORAM : ABHAY AHUJA, J.
DATE : 14-09-2022 Heard.
2.
By this application, the applicant is seeking condonation of delay of 271 days in filing the appeal against the judgment and award dated 05-01-2017 passed by the Civil Judge, Senior Division, Link Court, Mehkar in Land Acquisition Case No.76/2010. The learned Counsel for the applicant draws attention of this Court to paragraphs 2 and 3 of the application to explain the delay.
3.
The learned Counsel for the sole respondent has no objection if the delay is condoned, as the First Appeal No.1032/2017 filed by his clients has already been admitted on 13-09-2017. Having heard the learned Counsel for the applicants and having perused the application, this Court is satisfied that there is sufficient cause made out for condonation of delay.
caf 1052.18.
2/2 4.
The delay of 271 days in filing this appeal is condoned.
5.
The Registry is directed to register the First Appeal. 6.
Application stands disposed.
First Appeal St No.1914/2018 In view of the fact that First Appeal No.1032/2017 has been admitted, the following order is passed:-
ORDER
a.
Admit.
b.
Registry is directed to call for Record and Proceedings. c.
Private paper book along with compilation of documents and evidence be filed within a period of eight weeks. d.
Let the Memo of Appeal along with compilation of documents and evidence be served on the respondents within a period of eight weeks and an affidavit of service with tangible proof be filed in this Court.
2.
List the matter along with First Appeal No.1032/2017 on 09-11-2022.
(Abhay Ahuja, J.) Deshmukh