Executive Engineer, Lower Pus Project, Yavatmal And Another v. Sohan Jainarayan Agrawal And Others

31cao495.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 495/2023 IN MISC. CIVIL APPLICATION ST.

NO.

/2023 IN FIRST APPEAL NO. 1162/2017 Executive Engineer, Lower Pus Project, Yavatmal And Another Vs Sohan Jainarayan Agrawal And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr S.V. Ingole, counsel h/f Abhijit Parihar, counsel for the appellants Mr Nakshane, counsel for the respondent No.1. Mr M.A. Kadu, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 06/04/ 3.

1.

Heard.

2.

This is an application for condonation of delay which is caused in preferring the restoration application to restore the First Appeal No. 1162/17.

3.

Mr Nakshane, learned counsel waives service of notice on behalf of respondent No.1.

4.

Mr M.A. Kadu, learned AGP waives service of notice on behalf of respondent Nos. 2 and 3.

5.

As per the appellants, the private paper book was not filed by the appellants as the appellants have not noticed the conditional order of this Court. There was no intention of non-filing of the private paper-book. Now, rkn

31cao495.23.odt the private paper-book is ready and appellants will file the same.

6.

In view of the reasons mentioned in the application, a delay of 47 days is condoned.

Civil application is disposed of.

MISC. CIVIL APPLICATION ST. NO. 6865/2023 1.

On filing of private paper-book within a period of four weeks, the appeal be restored to its original stage. 2.

On failure to file a private paper book within a period of four weeks, the order passed by this Court will survive.

Misc. Civil Application disposed of.

JUDGE Signed By:RAJESH K NANDURKAR rkn