Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal v. Rajusingh Dayaram Pawar And Others

caf2460.21.O.odt

IN THE HIGH COURT OF JUDICATURE AT B

O MBAY NAGP U R BENCH, N A GPUR CIVIL APPLICATION (CAF) NO.

IN FIRST APPEAL STAMP NO.6134 OF 2021 (Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal, Dist. Yavatmal Vs. Rajusingh Dayaram Pawar and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. I. P. Khisti, Advocate for Appellant.

Mr. Abhishek A. Zade, Advocate h/f Mr. Sunil Ingole, Advocate for Respondent No.1.

Mr. S. C. Joshi, AGP for Respondent Nos.3 & 4/State. CORAM: ANIL L. PANSARE , J.

DATE: 21 st FEBRUARY, .

Extension of time of eight weeks to comply order dated 07.10.2023 has been sought on the ground of procedural delay. By order dated 07.10.2023, the appellant has given option to either deposit costs of Rs.10,000/- or to plant 25 tress as condition for condoning the delay. The appellant opted to deposit Rs.10,000/- but failed to deposit the same within the time stipulated.

2.

This is another case where the order has been not complied in time on the ground of procedural delay. The Supreme Court in the case of State of Madhya Pradesh And Others Vs. Bherulal reported in (2020) 10 SCC 654 deprecated the practice of keeping the file pending for several months on the ground of administrative exigencies.

caf2460.21.O.odt 3.

Nonetheless the delay having been condoned in filing first appeal, it will be appropriate to permit the appellant to deposit amount of Rs.10,000/-, subject to payment of costs of Rs.5000/- which shall be deposited in two weeks from today.

4.

Stand over after two weeks.

JUDGE NSN