Executive Engineer, Lower Pus Project, Pusad, Yavatmal And Another v. Jitendra Shamrao Dudhe And Others

3004caf964.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.964/2018 IN FIRST APPEAL ST. NO.5496/2017 Executive Engineer, Lower Pus Project, Pusad, Tah. Pusad, Dist. Yavatmal and another ...Versus...

Jitendra Shamrao Dudhe and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.M. Gaidhane, Counsel for applicants Shri A.B. Nakshane, Counsel for respondent no.1 Smt. Hemlata Jaipurkar, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 30/04/2019 Heard.

Perused the application. There is a delay of 330 days caused in filing the first appeal.

For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed and disposed of accordingly. No order as to costs.

FIRST APPEAL ST. NO.5496/2017 Heard.

The appellants have filed Pursis St. No.5877/2019 dated 18/4/2019 along with communication dated 4/4/2019

3004caf964.18.odt stating therein that the Corporation does not desire to prosecute the first appeal. Hence, the first appeal is permitted to be withdrawn. The court-fee be refunded to the appellants, as per rules.

The first appeal stands disposed of as withdrawn. No order as to costs.

JUDGE Wadkar, P.S.