Gajanan Tukaram Gulhane v. The Executive Engineer, Bembla Project Division, Yavatmal And Others

caf 3378.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3378 OF 2018 in FIRST APPEAL (ST.) NO. 4006 OF 2018 (Gajanan Tukaram Gulhane Vs. The Executive Engineer 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 Vaibhav N. Patre, Advocate for the appellant Shri M. A. Kadu, Advocate for the respondent no. 1 Ms. Shamsi Haidar, AGP for respondent nos. 2 and 3 CORAM : M. G. GIRATKAR, J.

DATE : 11/06/2019 Heard learned Advocate Shri Patre for the appellant.

Delay is of 335 days. Due to financial difficulties, appellants could not file appeal. After the receipt of amount of compensation, appeal is filed. Delay is bonafide.

Learned Advocate Shri Kadu for the respondent no. 1 and learned AGP Ms. Haidar for the respondent nos. 2 and 3 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 (ST.) NO. 4006 OF 2018 Heard.

Issue notice to the respondents.

caf 3378.2018.odt Shri Kadu, learned Counsel waives notice on behalf of respondent no. 1.

Ms. Haidar, learned AGP waives notice on behalf of respondent no. 2 and 3.

Put up this matter for final hearing with other connected matters.

JUDGE SMGate