The Executive Engineer, Bembala Canal Division, Yavatmal v. Shri Kiran Chandrakant Raut And Others

(1) 39.cao.703.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.703 OF 2023 IN FIRST APPEAL STAMP NO.3723 OF 2021 The Executive Engineer, Bembala Canal Division, Yavatmal Vs.

Shri Kiran Chandrakant Raut and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Tariq Mohammad Zaheer, Advocate for appellant. Mr. S. V. Ingole, Advocate for respondent No.1. Ms. T. H. Udeshi, AGP for respondent Nos.2 and 3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 03/05/2023 1.

This application is for condonation of delay in filing the restoration application against the order passed by the Registrar.

2.

As per the contention of the appellant the First Appeal was listed for taking steps to serve the respondent No.1, however, inadvertently the counsel for the appellant could not mark the matter and, therefore, the matter remained unattended. Since the appellant has not taken steps to serve the respondent No.1, the Registrar (Judicial) has passed the order of dismissal. Inadvertently the counsel of the appellant has not noted the said order and, therefore, delay of 131 days is caused in preferring the appeal.

(2) 39.cao.703.2023 3.

Learned Advocate Mr. Ingole appearing for the respondent No.1 has no objection for condonation of delay. Learned AGP Ms. Udeshi, for the respondent Nos.2 and 3 has also no objection for condonation of delay.

4.

In view of the reasons mentioned in the application, delay of 131 days is condoned.

5.

Civil Application is disposed of.

Civil Application (CAF) No.1338/2023 1.

Considering the ground that inadvertently the appellant could not take the steps as the order was not noted, the reasons mentioned in the application appears to be just and reasonable one.

2.

In view of that, the order of the dismissal is set aside. The appeal is restored against respondent No.1 at its original stage.

3.

Civil Application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 16:40