Bombay High CourtFA/593/2019withdrawn

Vidarbha Irrigation Devp. Corporation, Through Executive Engineer, Yavatmal Medium Project Division v. Jagan Rupsingh Jadhao And Others

2019-04-18Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1804caf457.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.457/2017 IN FIRST APPEAL ST. NO.7663/2016 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Yavatmal Medium Project Division, District Yavatmal ...Versus...

Jagan Rupsingh Jadhao 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 Vinay Dahat, Counsel for applicant None for respondent nos.1 to 6 Shri I.J. Damle, AGP for respondent nos.7 and 8 CORAM : ARUN D. UPADHYE, J.

DATE : 18/04/2019 Heard.

Perused the application. There is a delay of 1180 days caused in filing the first appeal.

For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed and disposed of accordingly. No order as to costs.

1804caf457.17.odt FIRST APPEAL ST. NO.7663/2016 Heard.

The learned Counsel for the appellant has submitted that the appellant does not want to proceed further with the matter. The appellant has filed pursis vide Pursis St. No.5425/2019 to that effect and seeks permission to withdraw the first appeal.

Learned Assistant Government Pleader for the respondent nos.7 and 8 has no objection for withdrawal of the appeal.

Considering the submissions of the learned Counsel for the appellant and in view of pursis filed by the appellant on record, permission to withdraw the first appeal is granted.

The first appeal is disposed of as withdrawn. The appellant is entitled for refund of court fees, as per rules. The respondent nos.1 to 6 are entitled for withdrawal of the amount, if not withdrawn, with accrued interest.

No order as to costs.

JUDGE Wadkar, P.S.