V. I. D. C. Through Its Executive Engineer, Medium Project Division, Yavatmal And Another v. Shankar Narayan Thool And Another
34.caf.138.23.odt
IN THE HIGH COURT
OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION NO. 138 OF 2023 IN MISC. CIVIL APPLICATION ST. NO. 2124 OF 2023 IN FIRST APPEAL ST.
NO.
OF 202 VIDC, thr. Its Executive Engineer and anr. ..vs.. Shankar Narayan Thool and ors. -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms. Mallika, Advocate h/f Shri M.A. Kadu, Advocate for the appellants/applicants.
CORAM:- URMILA JOSHI-PHALKE , J.
DATED :- FEBRUARY , 2023.
Heard.
2.
By preferring this application, the appellants/ applicants are seeking condonation of delay, which is caused in filing the restoration application. 3.
As per the contention of the appellants, the appeal is filed to challenge the award and decree passed by the Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Nagpur.
4.
The appeal was under office objection(s) and the appellants were directed to remove the office objection(s) but inadvertently the office objections remained to be removed and therefore, the appeal was dismissed at the stage of registration.
5.
The delay is not intentional one.
6.
In view of the reasons mentioned in the application, the delay of 113 days is condoned. 7.
The application stands disposed of.
34.caf.138.23.odt MISC. CIVIL APPLICATION ST. NO. 2124 OF 2023 Heard.
2.
By preferring this application, the applicants/ appellants are praying for restoration of the appeal, which was dismissed at the registration stage.
3.
As per the contention of the applicants, the conditional order was passed that the office objections to be removed within 14 days otherwise registration shall stand refused, which was not noted by the learned Counsel for the applicant, and therefore, the appeal was dismissed at the registration stage. Now, the appellant undertakes to remove the office objections as soon as appeal is restored.
4.
Considering the reasons mentioned in the application, the appellants to remove office objections within two weeks. On removal of the office objections, the appeal be restored at its original stage. The application stands disposed of accordingly.
5.
Stand over to 20/02/2023.
(URMILA JOSHI-PHALKE, J.) *Divya DIVYA SONU BALDWA 03.02.2023 17:17