Bombay High CourtCAF/1616/2014admittedallwdgrantedrule absolute

The Executive Engineer, Lower Wardha Project Division, Vidarbha Irrigation Development Corporation v. Pritviraj Nagorao Kasar Dead, Through Lrs. Sudhatai Wd/O Prithviraj Kasar And Others

2015-01-13Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf1616.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO.1616/2014 IN FIRST APPEAL STAMP NO.3764/2014 The Executive Engineer, Lower Wardha Project Division, V.I.D.C., Wardha ..Versus..

Pritviraj Nagorao Kasar through L.Rs. and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 13.1.2015 Heard Shri S.G. Jagtap, learned advocate for the applicant, Shri U.K. Bisen, learned advocate for non-applicants 1 to 6 and Ms. Taywade, learned A.G.P. for non-applicants 7 and 8. For the reasons stated in the application and the fact that it is not opposed by the non-applicants inasmuch as reply is not filed, though the application lacks in some necessary details, the delay of 204 days in filing the appeal is condoned. The application is allowed.

2 caf1616.14 However, this is on the condition that the applicant pays costs of Rs. 1,000/- to the learned advocate for the non-applicants 1 to 6 and produces the receipt of payment on the record of the appeal till 27 th February, 2015, failing which this order shall stand recalled and the civil application and the appeal shall stand dismissed without reference to the Court.

JUDGE Tambaskar.