Bombay High CourtCAO/250/2015admittedallwdgrantedrule absolute

V.I.D.C. Thr Its Exe. Eng, Bembla Project Div. Yavatmal v. Uddhao S/O Ramraoji Khandwe And Other

2015-02-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao250.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.O. NOS.250/2015, 251/2015 & 249/2015 & M.C.A. NOS.154/2015, 155/2015 & 153/2015 IN C.A.F. NO.175/2010 IN FIRST APPEAL STAMP NO.14176/2009 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Bembla Project Division, Yavatmal ..Versus..

Uddhao s/o Ramraoji Khandwe and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 6.2.2015 As the Civil Application (C.A.F.) No.175/2010 filed by the applicant/appellant praying for condonation of delay in filing the appeal was dismissed against the respondents 4, 6, 7, 8, 9 and 10 as they could not be served, considering the reasons stated in the applications, the delay in filing the revision against the order passed by the learned Registrar (J.) is condoned. The orders passed by the learned

2 cao250.15 Registrar on 21 st February, 2012, 27 th July, 2010 and 26 th March, 2013 are set aside. The civil application (C.A.F. No.175/2010) is restored against the non-applicants 4, 6, 7, 8, 9 and 10. The civil applications are allowed.

Shri A.B. Patil, the learned advocate for the applicants submit that the correct addresses of the non-applicants 4, 6, 7, 8, 9 and 10 will be supplied within two weeks. In case the correct addresses are supplied within two weeks, issue notice to the non-applicants 4, 6, 7, 8, 9 and 10 returnable on 19 th June, 2015. If the correct addresses of the non-applicants 4, 6, 7, 8, 9 and 10 are not supplied within two weeks, the application (C.A.F. No.175/2010) and appeal shall stand dismissed against non-applicants 4, 6, 7, 8, 9 and 10 without reference to Court.

JUDGE Tambaskar.