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Bombay High CourtCAO/560/2017disposed off

The Chief Executive Officer And District Project Director, Jalswaraj Project Z.P. Chandrapur And Ot v. Shri. Narendra S/O. Sahebrao Boke

2021-01-22Hon'Ble Shri Justice V.M. Deshpande2 pages

910 wp143.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO)NO.560 OF 2017 AND MISC. CIVIL APPLICATION (stamp) NO.8731 OF 2017 IN WRIT PETITION NO. 143 OF 2016 The Chief Executive Officer and District Project Director, Chandrapur and others Vs. Shri Narendra s/o Sahebrao Boke _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri M.V. Mohokar, Advocate for applicants/petitioners. Shri R.M. Tahaliyani, Advocate for non-applicant/respondent. CORAM : V.M. DESHPANDE, J.

DATE : JANUARY 22, 2021.

These two applications are filed by petitioner for condonation of delay in filling the application for restoration of the application, and application for restoration of writ petition, which was dismissed in default on 10.06.2016. (2) Shri M.V. Mohokar, learned counsel is representing the applicant whereas Shri R.M. Tahaliyani, learned counsel is representing the non-applicant. (3) The writ petition was filed challenging the order passed by learned District Judge-III, Chandrapur dated 21.08.2015 below Exhibit-5 in Regular Civil Appeal No.90 of 2014.

(4) At the time of consideration of these two applications, Shri R.M. Tahaliyani, learned counsel for

910 wp143.16.odt non-applicant/original plaintiff submitted that Regular Civil Appeal No.90 of 2014, which gives rise to the writ petition itself is finally disposed of, by the learned Appellate Court on 05.03.2020 dismissing the appeal filed on behalf of the present applicant.

(5) His statement is accepted. In view of the disposal of the main appeal nothing survives in the writ petition, even if it is restored. Hence, both civil applications are disposed of as infructuous.

JUDGE Wagh