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Bombay High CourtCAO/106/2022delay condonatedrejected

The Executive Engineer, Minor Irrigation Division, Khamgaon v. Government Of Maharashtra Through District Collector, Buldhana

2022-02-17Hon'Ble Smt. Justice Anuja Prabhudessai1 pages

25 mca st 106-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.

OF 202 2 IN MISC. CIVIL APPLICATION (MCA) ST. NO.1965 OF 2022 The Executive Engineer, Minor Irrigation Division, Khamgaon, Dist. Buldhana. ...Versus...

Government of Maharashtra, through District Collector, Buldhana and others. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri N.A. Waghmare, Advocate h/f P.B. Patil, Advocate for appellant/applicant. Shri N.R. Patil, AGP for respondent nos.1 & 2. Shri D.A. Mohgaonkar, Advocate h/f Shri. Rohit Masurkar, Advocate for respondent nos.3 & 4.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 17/02/2022 By this application, the applicant has sought to condone the delay of 309 days and to restore the appeal which was dismissed for non filing of paper book. Learned Counsel for the applicant states that the paper book will be filed within one week.

Learned Counsel for the respondents has no objection for condoning the delay and restoring the appeal.

In view of the said statement and also in view of the reasons stated in the application, the delay is condoned. The appeal is restored. It is made clear that in the event, paper book is not filed within the stipulated period, the appeal shall stand dismissed without further reference to this Court.

Signed By:JAYASHREE SHARAD SHINGNE JUDGE Jayashree..