Rabbilkhan S/O Rustamkhan Pathan And Others v. The State Of Maha. Thr. Secretary, Ministry Of Irrigation Department, Mumbai And Others

caf.3167.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.3167 of 2019 in First Appeal St.No.7816 of 2019 Rabbilkhan s/o Rustamkhan Pathan & others vs.

The State of Maharashtra, through the Secretary, Ministry of Irrigation Department, Mumbai & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri P.D. Sharma, Advocate for Applicants/Appellants. Shri S.S. Godbole, Adv. h/f Shri S.G. Jagtap, Adv. for Respondent Nos.2 & 3. Shri M.A. Kadu, A.G.P. for Respondent Nos.1, 4 & 5.

CORAM

: S.M. MODAK, J.

DATE : 18 th DECEMBER, 2020 Heard.

There is a delay of 403 days in preferring the appeal. The Reference Court has delivered the judgment on 23/11/2017. The copy was supplied on 12/02/2019 and it was delivered on 07/03/2019. The period exhausted for obtaining certain copy needs to be excluded. So, accordingly, there is a delay of 379 days.

The prayer is opposed on behalf of respondent Nos.2 & 3. But, they are ready to waive the interest. The reasons mentioned in paragraph 4 are convincing. Hence, the order :

The delay of 379 days is condoned subject to waiver of interest for the period condoned. The application is disposed of accordingly.

caf.3167.19 2/2 First Appeal St. No.7816/2019 :

Heard.

Admit.

Issue notice to the respondents.

Learned A.G.P. Shri Kadu waives notice for respondent Nos.1, 4 & 5 and learned Advocate Shri Godbole waives for respondent Nos.2 & 3.

Call for record and proceedings.

The respondents be supplied with copies.

Tag this appeal with First Appeal St.

No.13591/2017.

JUDGE *sandesh