Executive Engineer, Lower Wardha Project Division, Wardha v. Harikisan S/O Asarmi Chandak And Others

cao184.25.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO.184 OF 2025 IN MISC. CIVIL APPLICATION STAMP NO.3475 OF 2025 IN FIRST APPEAL NO.197 OF 2017 (D) (Executive Engineer, Lower Wardha Project Division, Wardha, Tah. & Dist. Wardha Vs. Harikisan Asarmi Chandak and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. A. M. Kukday, Advocate for Appellant/Applicant. Mr. M. A. Kadu, AGP for Respondent Nos.2 & 3/State. CORAM: ROHIT W. JOSHI, J.

DATE: 18 th FEBRUARY, 2025.

1.

Heard.

2.

First Appeal No.197/2017 was dismissed in default vide order dated 06.04.2022 since private paper book was not filed within the time permitted by this Court. The appellant has moved Misc. Civil Application Stamp No.3475/2025 for restoration of appeal. The present application is filed seeking condonation of 1008 days delay in filing the application for restoration of the first appeal. Since the appeal is of the year 2017 and earlier appeals are pending for final hearing, I am inclined to condone the delay.

3.

Civil application is allowed and disposed of accordingly.

cao184.25.O.odt MISC. CIVIL APPLICATION STAMP NO.3475 OF 2025: In view of the reasons above, Misc. Civil Application is allowed. First Appeal No.197/2017 is restored to file on the condition that private paper book be filed within a period of one week from today.

(ROHIT W. JOSHI, J.) NSN