Smt. Sadhanabai Vitthalrao Deshmukh (Since Dead) Thr. Lrs. Vitthal S/O Dattaraoji Deshmukh And ANR v. The Executive Engineer, Bembla Project Division, Yavatmal And Others

caf 445.20.

1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (F) No.445/2020 in First Appeal st No.9408/2019 Smt. Sadhanabai and another V The Executive Engineer, Bembla Project and others ******************************************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

******************************************************************************************************************* Shri Sahil Nemade, Adv for appellants.

CORAM : S.M. MODAK, J.

DATE : 23rd JUNE, 2021.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

Heard.

There is a delay of 265 days in preferring an appeal.

Issue notice to the respondents.

Learned Advocate Shri Kadu holding for Shri Jagtap, Advocate, waives notice for respondent no.3. Learned AGP Ms Jaipurkar, waives notice for respondent nos.1 and 2.

They opposed the delay.

The appellant took time in collecting necessary papers and obtaining certified copy of the judgment. The reasons are convincing. He is ready to waive the interest. It is satisfactorily explained. Hence, the delay of 265 days in preferring an appeal is condoned, subject to waiver of interest for that period.

caf 445.20.

2/2 Application is disposed of.

First Appeal St. No.9408/2019 Heard.

Issue notice to the respondents.

Learned Advocate Shri Kadu holding for Shri Jagtap, Advocate, waives notice for respondent no.3. Learned AGP Ms Jaipurkar, waives notice for respondent nos.1 and 2.

Admit.

Call R and P.

Copy be supplied to the respondents.

JUDGE Deshmukh