V. I. D. C. Through Its Executive Engineer, Khadakpurna Project, Buldhana v. Bapurao Suryabhan Shigne (Dead) And 2 Others

mca302.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 302/2022 IN FIRST APPEAL NO. 912/2014 V. I. D. C. Through Its Executive Engineer, Khadakpurna Project, Buldhana Vs Bapurao Suryabhan Shigne (Dead) And 2 Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr Abhijeet Parihar, Advocate for the appellant. Ms T.H. Udeshi, AGP for the respondent Nos. 2 and 3. Mr K.S. Narwade, Advocate for the respondent No.1/Cross-objector. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 07/02/ 3.

1.

Heard.

2.

By preferring this application, the appellant is seeking restoration of the First Appeal bearing No. 912/2014, which was dismissed vide order dated 10/12/2019.

3.

As per the contention of the learned advocate for the appellant, the present appeal was listed for order, on filing of private paper-book and this Court has passed conditional order, directing the appellant to file private paper-book within a period of six weeks and also to deposit the costs of Rs. 1000/-.

4.

Though, the private paper-book was ready, ininadvertently it could not filed. In the meantime, the instant matter was transferred to other advocate. Hence, the rkn

mca302.2022.odt private paper-book could not filed within stipulated period. Therefore, the first appeal came to be dismissed by order dated 10/12/2019.

5.

As per the contention of the appellant that ininadvertently, due to change in advocate, the private paperbook was not filed. Thus there is a reasonable cause, however, the appeal is dismissed and prayed for restoration of the appeal.

6.

The respondents have no objection for the restoration of the appeal.

7.

In view of the reasons mentioned in the application, the appeal be restored as its original stage, after depositing the costs of Rs. 1000/- which was directed to deposit. Place the matter for final hearing on 27/02/2023 at 2.30 p.m.

JUDGE Signed By:RAJESH K NANDURKAR rkn