V.I.D.C. Thr. Executive Engineer, Canal Division, Amravati v. Motiram Mahadevrao Vizekar And Others

2024:BHC-NAG:4902 1 8.cao.465.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 465 OF OF 2024 IN MISC CIVIL APPLICATION (ST.) NO. 4641 OF 2024 IN FIRST APPEAL NO. 380 OF 2021 Vidarbha Irrigation Development Corporation, Amaravati and another .VS.

Motiram Mahadevrao Vizekar and others _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr M. A. Kadu, Advocate for the appellants Mr P. J. Mehta, Advocate for respondent No.1 Ms Mukta Kavimandan, AGP for respondent Nos. 2 and 3/State CORAM :

G.A. SANAP, J.

DATE :

APRIL 24, 2024.

Heard.

2.

Issue notice to the respondents.

3.

Learned Advocate Mr P. J. Mehta waives service of notice on behalf of respondent No. 1.

4.

Learned AGP waives service of notice on behalf of respondent Nos. 2 and 3/State.

5.

Heard learned Advocates for the respective parties. Perused the record and proceedings.

2 8.cao.465.2024 6.

This is an application for condonation of 84 days delay caused in filing the restoration application. The reasons have been stated in the application. 7.

In view of the reasons stated in the application, the application is allowed.

8.

The delay of 84 days stands condoned.

9.

The restoration application be registered.

10.

The civil application stands disposed of, accordingly.

MISC. CIVIL APPLICATION (ST.) NO.4641 OF 2024 11.

Heard.

12.

Issue notice to the respondents.

13.

Learned Advocate Mr P. J. Mehta waives service of notice on behalf of respondent No. 1.

14.

Learned AGP waives service of notice on behalf of respondent Nos. 2 and 3/State.

15.

This is an application for restoration of the first appeal. The reasons have been stated in the application for not filing the paper book within time. Learned Advocate for the appellants submitted that paper book is almost ready and he can file it within two weeks. In view

3 8.cao.465.2024 of the reasons stated in the application, the application is allowed.

16.

The dismissal order is set aside.

17.

First Appeal be restored to file to its original number.

18.

The civil application stands disposed of, accordingly.

FIRST APPEAL NO. 380 OF 2021

19. The appellants shall file paper book within two weeks.

(G. A. SANAP, J.) Namrata