Bombay High CourtCAF/1012/2014admittedallwdgrantedrule absolute

The Executive Engineer Lower Wardha Project Division, Vidarbha Irrigation Development Corporation v. Sahebrao Bhujangrao Deshmukh And Others

2016-09-19Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf1012.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1012/2014 IN FIRST APPEAL STAMP NO.6836/2014 The Executive Engineer, Lower Wardha Project Division, Vidarbha Irrigation Development Corporation, Wardha ..Vs..

Sahebrao Bhujangrao Deshmukh 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 S.S. Godbole, Advocate for the applicant. Ms. Vidya Umale, Advocate for respondent No3. CORAM : Z.A.HAQ, J.

DATED : 19.9.2016.

Ms. Vidya Umale, Advocate states that she is instructed to appear for the respondent Nos.8 to 10 and 15 to 18 against whom the civil application praying for condonation of delay, and appeal is dismissed as per the order passed by the learned Registrar (J.) on 24th March, 2015. As the respondent Nos.8 to 10 and 15 to 18 have put in their appearance, the order passed by the Registrar (J.) on 24th March, 2015 dismissing the civil application for condonation of delay and appeal against the respondent Nos.8 to 10 and 15 to 18 is set aside and civil application praying for condonation of delay, and appeal against respondent Nos.8 to 10 and 15 to 18 are restored. CIVIL APPLICATION (CAF) NO.1012/2014 Though the application is opposed, accepting the reasons stated in the application, the delay of 255 days in

2 caf1012.14 filing the appeal is condoned. The civil application is allowed accordingly.

FIRST APPEAL STAMP NO.6836/2014 Taken up for hearing on admission.

ADMIT.

Call R & P.

The appellant shall file private paper book within six months.

Ms. Vidya Umale, Advocate waives notice for the respondent Nos.1 to 5 and 8 to 18.

Ms. A.R. Kulkarni, A.G.P. waives notice for the respondent Nos.6 and 7.

CIVIL APPLICATION (CAF) NO.1013/2014 As the amount is deposited by the appellant, the interim order granted on 22nd April, 2014 shall continue until further orders. The claimants are permitted to file application seeking permission to withdraw the amount. The civil application is allowed in the above terms.

JUDGE Tambaskar.

3 caf1012.14 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 21.9.2016.

Personal Assistant.