V.I.D.C. Thr. Executive Engineer, Bembla Project, Awadhootwadi, Yavatmal And Another v. Vitthal Dhundbaji Khadse (Deceased) Thrl. Lrs. Ashok Vitthalrao Khadse And Others

caf 3813.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3813 OF 2018 in FIRST APPEAL (ST.) NO. 3335 OF 2018 [Vidarbha Irrigation Development Corporation and anr. Vs. Vitthal Dhundbaji Khadse and ors. ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri M. A. Kadu, Advocate for the appellants Shri A. B. Nakshane, Advocate for respondent nos. 1 to 3 Ms. Shamsi Haider, AGP for respondent nos. 4 and 5 CORAM : M. G. GIRATKAR, J.

DATE : 19/06/2019 Heard learned Advocate Shri Kadu for the appellants. He has submitted that appeal could not be filed within limitation due to administrative difficulties. The delay is of 431 days.

Learned Advocate Shri Nakshane for respondent nos. 1 to 3 and Learned AGP Ms. Haider for respondent nos. 4 and 5 have strongly objected the application. Looking to the grounds mentioned in the application, the application is allowed. The delay is condoned. Appeal be registered.

FIRST APPEAL (FA) NO. OF 2019 Heard.

Admit.

Issue notice to the respondents.

caf 3813.2018.odt Shri Nakshane, learned Advocate waives notice on behalf of respondent nos. 1 to 3.

Ms. Haider, learned AGP waives notice on behalf of respondent nos. 4 and 5.

Call R & P.

Put up this matter on 17.07.2019.

JUDGE SMGate