Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Canal Div., Bembla Pro., Yavatmal And ANR v. Balkrushna Mangal Kotnake And Others

03.05.CA0.999.19

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O ) NO. 999/2019 & MCA(ST) NO. 9623/2019 IN FIRST APPEAL (ST)NO.10186/2018 (V I D C Yavatmal and another vs. Balkrushna Mangal Kotnake and others) ...................................................... ............................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Ms. Pranita Chobe, Advocate for the applicants Mr. J Y Ghurde, AGP for respondent-State CORAM: MRS.SWAPNA JOSHI, J.

D ATED : 3rd MAY, 2019.

This is an Application seeking condonation of delay of 196 days in filing the restoration of First Appeal.

Heard both sides. Perused the contents of the Application. On a perusal of the same, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay, subject to the cost of Rs. 500/- to be deposited with Vidarbha Lady Lawyers' Association, Nagpur.

In view thereof, the delay in filing the Appeal is condoned. The Civil Application is allowed and disposed of. The Appeal be registered. MCA (ST) NO. 9623/2019 This is an application for restoration of of appeal. Learned Advocate for the applicant submits that due to oversight, the office objections could not be removed and the matter came to be dismissed.

In the interest of justice, the following order is passed:-

03.05.CA0.999.19 The order of dismissal dated 3.10.2018 passed by Registrar (J) is set aside. First Appeal (St) No. 10186/2018 is restored to file. MCA stands disposed of.

JUDGE Sahare