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Bombay High CourtCAO/476/2020disposedoff

V.I.D.C. Thr. Exe. Engineer, Bembla Canal Division, Yavatmal (Now Bembla Irrigation Division) v. Sachinkumar Abhaykumar Gandhi Thr. P.O.A. Abhaykumar Dhanrajji Gandhi And Others

2020-10-19Hon'Ble Shri Justice S.M. Modak2 pages

F.A. St.8088.2019 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAO) No.476 of 2020 IN Miscellaneous Civil Application (MCA) Stamp No.5352 of 2020 IN First Appeal Stamp No.8088 of 2019 V.I.D.C. through Executive Engineer & Anr. Vs. Sachinkumar Abhaykumar Gandhi and Ors. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Jemini B. Kasat, Advocate for the Applicants. Ms. Shamsi Haider, A.G.P. for Non-applicant Nos.2 and 3. CORAM : S.M. MODAK, J.

DATE : 19 th OCTOBER, 2020.

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper. 2.

Heard learned Advocate Shri J.B. Kasat for the applicants.

3.

The proceedings filed by the applicant thereby expressing desire to challenge the judgment dated 24th August, 2018 passed by the Joint Civil Judge (Senior Division), Yavatmal came to be dismissed by the learned Registrar (Judicial) on 20th August, 2019 on account of non-removal of the office objections. 4.

There is a delay in filing restoration application. I find the reason convincing. Hence the directions:-

F.A. St.8088.2019 2/2 D I R E C T I ON S a)The delay caused in preferring restoration application is condoned.

b)The First Appeal Stamp No.8088/2019 be restored. c)The applicants are given four weeks' time to remove the office objections.

d) Both civil applications are disposed of.

5.

This order be communicated to the counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law.

JUDGE vijay