Vidarbha Irrigation Development Corporation, Thr. Executive Engineer, Minor Irrigation Works, Wardh v. Ganpat S/O Tukaram Tandulkar Dead, Through L.Rs. Mukinda S/O Ganpat Tandulkar And Others

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 971 OF 2019 IN MISC. CIVIL APPLICATION (ST) NO. 9050 OF 2019 IN FIRST APPEAL NO. 484 OF 2014 (V.I.D.C.Wardha V/s Ganpat Tukaram Tandulkar (since deceased through L.Rs) & Anr.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. P. B. Patil, Advocate for Appellant.

Mrs. M. A. Barabde, AGP for Respondent No.2.

------- CORAM : MRS. SWAPNA JOSHI, J.

DATE : APRIL 30, 2019.

P.C.

.

Heard learned Counsel for the Appellant.

2.

By this Application, Appellant seeks condonation of delay caused in filing application for restoration of Appeal.

3.

For the reasons mentioned in the Application, I am satisfied that delay caused in filing the application for restoration of Appeal is properly explained and sufficient ground is made out for condoning the delay.

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4.

In view thereof, delay caused in filing application for restoration of Appeal is condoned in terms of prayer clause therein, subject to payment of costs of Rs.500/-.

5.

The costs to be deposited with High Court Bar Association, Nagpur.

6.

The Civil Application stands disposed of accordingly.

MISC. CIVIL APPLICATION (ST) NO. 9050 OF 2019 .

This is an application for restoration of First Appeal No. 484 of 2014 which was dismissed in pursuance to the conditional order passed by this Court on 18th April 2017.

2.

Mr. Patil, the learned Counsel for Appellant submits that inadvertently private paper book was not filed on record within stipulated period, therefore, the First Appeal came to be dismissed.

3.

The learned Counsel for Appellant undertakes to file the private paper book on record within a period of one week from today. Statement is accepted.

4.

In view thereof, First Appeal No. 484 of 2014 is hereby restored to its original file. 2/3

5.

Misc. Civil Application stands disposed of accordingly.

(MRS. SWAPNA JOSHI, J.) 3/3