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Bombay High CourtCAF/3188/2019ca disposed off

Rupesh S/O Nanasaheb Deshmukh v. Executive Engineer, Bembla Project Division, Yavatmal And Others

2021-10-07Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

24caf3188.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 3188 OF 2019 IN FIRST APPEAL (ST.) NO.5899 OF 2019 (Rupesh s/o Nanasaheb Deshmukh Vs. Executive Engineer, Bembla Project Division, Yavatmal 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 S.V. Ingole, Advocate for the appellant. Shri A.R. Chutke, A.G.P. for respondent Nos.2 and 3/State. CORAM:- PUSHPA V. GANEDIWALA , J.

DATED :- OCTOBER 07, 2021 None present for respondent No.1.

Heard.

Perused the application.

By way of this application, the appellant/original claimant is seeking condonation of delay of 482 days caused in filing the present appeal. The reasons for delay are stated in paragraph No.3 of the application.

Learned Assistant Government Pleader opposed the application on the ground that the reasons are not explained properly.

On due consideration and considering the ratio of in the case of Imratlal and ors. Vs. Land Acquisition Collector and ors. 2014 (9) Scale 446, the similarly situated matters, this Court condoned the delay.

24caf3188.19.odt The delay of 482 days caused in filing of the present appeal is condoned.

Appeal be registered.

The application stands disposed of.

FIRST APPEAL (ST.) NO.5899 OF 2019 Heard.

Issue notice to the respondents, returnable in four weeks.

Shri A.R. Chutke, learned Assistant Government Pleader waives service of notice for respondent Nos.2 and 3.

JUDGE *DB