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Bombay High CourtCAF/2057/2013dispossed offdismiss for default

V.I.D.C Thr. Its Exe. Engineer, Minor Irrigation Washim v. Namdeo Tukaram Bhatkode And Another

2015-11-27Hon'Ble Shri Justice Ravi K. Deshpande1 pages

caf.2057.13 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.2057 of 2013 and Civil Application [CAF] Stamp No.8963 of 2013 in First Appeal Stamp No.8960 of 2013 (V.I.D.C. vs. Namdeo Tukaram Bhatkode and another) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri J.B. Kasat, Advocate for the Applicant/Appellant. Shri V.K. Paliwal, Advocate for Respondent Nos.1(i) to 1(iv). Mrs. Mrunal Naik, A.G.P. for Respondent No.2. CORAM : R.K. DESHPANDE, J.

DATE : NOVEMBER 27, 2015.

Notices on these applications were already issued by this Court on 27/09/2013 and 10/04/2015 respectively. In response to it, Shri Paliwal, the learned Counsel appearing for the legal heirs of original respondent No.1 submits that both these applications can be allowed provided the appellant depositing the decretal amount in the court and that the appeal can also be remanded back to the reference court for decision afresh with a time bound programme.

In view of the above, both these applications are allowed. Office is directed to register First Appeal Stamp No.8960/2013.

JUDGE *sdw