Bhimrao S/O Nanda Rathod v. V. I. D. C., Yavatmal Medium Project Division Through Its Executive Engineer And 2 Others

40cao284.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 284/2023 IN M.C.A ST. 3376/2023 IN R.C. NO. 452/2018 (XOBST. 3434/2018) IN FIRST APPEAL NO. 112/2018 Bhimrao S/o Nanda Rathod Vs V. I. D. C., Yavatmal Medium Project Division Through Its E.E. 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 A.B. Nakshane, Advocate for the appellant/applicant. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 28/02/ 3.

1.

By this application, the appellant is seeking condonation of delay of 933 days in filing of revision against the Registrar's order dated 24/04/2018. 2.

As per the contention of the appellant, they are the cross-objector, who preferred the cross-objection challenging the judgment dated 27/02/2015 passed by the learned Civil Judge Senior Division Darwha in LAC No. 225/2005. However, some office objections were raised by the office and conditional order was passed as the office objections are not removed, the cross-objection is dismissed. The order was inadvertently not noted by the learned advocate, all the objectors and therefore, delay of 933 days is caused in preferring this application. rkn

40cao284.2023.odt 3.

It is the contention of the applicant, he is poor agriculturist and rustic villagers his counsel has not noted the objections inadvertently and also the order passed by the Registrar, therefore delay is caused.

4.

In view of the reasons mentioned in the application, delay of 933 days in filing the revision application is condoned.

Civil application is disposed of.

M isc. Civil Application St. No. 3376/2023 By this application, the appellant/cross-objector is seeking setting aside the order passed by the Registrar's order dated 24/04/2018. It is apparent that as the learned counsel has not noted the order passed by the Registrar (Judicial).

On removing the office objections within a period of two weeks, cross-objection be restored at the registration stage.

On failure to remove office objections within a period of two weeks, the earlier order passed by the Registrar (Judicial) will survive.

Misc. Civil Application is disposed of.

JUDGE Signed By:RAJESH K NANDURKAR rkn