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Bombay High CourtCAO/624/2020ca disposed off

Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal v. Dudhram Lashkar Rathod And 2 Others

2020-09-22Hon'Ble Shri Justice S.M. Modak2 pages

15caf624.2020 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO. 624/2020 IN CIVIL APPLICATION (F) NO. 3437/2019 IN FIRST APPEAL STAMP NO. 13820/2019 Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal.

Versus

Dudhram Lshkar Rathod and others.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ms. Ira P. Khisti, Advocate for applicant/appellant. Shri H.D.Dubey, AGP for respondent Nos. 2 and 3. CORAM : S.M. MODAK, J.

DATE : 22.09.2020.

Hearing was conducted through video conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

The applicant/appellant could not deposit the amount of compensation within the period granted by this Court. For the reasons mentioned in the application, they are genuine. Hence, the order :-

ORDER

a] The applicant/appellant is permitted to deposit the amount of compensation within seven days. b] Stay granted earlier be revived subject to deposit. c] Civil application stands disposed of.

Civil application No. 3437/2019 Heard learned Advocate Ms I.P. Khisti, for applicant / appellant.

2.

Respondent No.1 is duly served, but has not appeared.

15caf624.2020 2/2 The hearing proceeded ex-party against him.

3.

The respondent Nos. 2 and 3 are represented by learned A.G.P. Shri H.D. Dubey.

4.

The impugned judgment came to be passed by the Court of Civil Judge, Senior Division, Darwha on 15.04.2017. 5.

The applicant/appellant took time to complete the office procedure and hence could not prefer the appeal in time. There is a delay of 676 days and it is properly explained. Hence, the order:-

ORDER

i) Delay in preferring the appeal is condoned.

ii) Civil application stands disposed of.

First Appeal Stamp No. 13820/2019 Heard.

2.

Admit.

3.

Call for record and proceedings.

4.

Shri H.D. Dubey, learned A.G.P. waives notice for respondent Nos. 2 and 3.

JUDGE RKN