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Bombay High CourtCAF/923/2015admittedallwdgrantedrule absolute

Leelabai Onkar Wankhede (Since Dead Thr. Lrs) Onkarrao Chintamanrao Wankhede And Others v. Maharashtra Industrial Development Corporation, Amravati And 2 Others

2015-04-30Hon'Ble Shri Justice A.S. Chandurkar1 pages

3004caf923.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 923 OF 2015 IN FIRST APPEAL ST. NO. 6084 OF 2015 Leelabai Onkar Wankhede thr L.Rs. & Ors. Vs. M.I.D.C. Amravati & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders .................................................................................................................................................................... Shri Vinay Dahat Adv for applicants.

Shri M. M. Agnihotri Adv for respondent no. 1. Shri Hl D. Dubey, AGP for respondent nos. 2 & 3. CORAM: A. S. CHANDURKAR J.

DATED: APRIL 30, 2015.

Civil Application (CAF) No. 923 of 2015: Prayer is to condone the delay in filing the present appeal. It is stated that the legal representatives were not aware about the adjudication by the Reference Court. Application is opposed by learned counsel for the respondents. It is submitted that the legal representatives were aware of pendency of First Appeal No. 1290 of 2009. Considering the fact that First Appeal No. 1290 of2009 in which very same judgment that is being challenged in the present appeal has been admitted today, it was open for the present appellants to file cross objection therein. Hence delay in filing first appeal stands condoned. Civil application is allowed and disposed of.

First Appeal St. No. 6084 of 2015: Heard. Admit. To be heard along with First Appeal No. 1290 of 2009. Shri M. M. Agnihotri, learned counsel waives for respondent no.1. Shri H. D. Dubey, learned AGP waives for respondent nos. 2 and 3.

JUDGE svk