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Bombay High CourtCAF/2059/2023allowed

) V.I.D.C., Thr. Chief Exe. Engineer, Nimna Painganga Project Div. (Bembla Project), Yavatmal v. Sau. Sucheta Madhusudan Onkar And Others

2025-06-30Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 26 caf 2059-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2059 OF 2023 IN FIRST APPEAL STAMP NO. 9869 OF 2023 V.I.D.C., through Chief Executive Engineer, Nimna Painganga, Project Division (Bembla Project), Yavatmal Vs.

Sau. Sucheta Madhusudan Onkar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Kukday, Advocate for the appellant Ms H.S. Dhande, Advocate for the respondent/State CORAM : SHRI ABHAY J. MANTRI, J.

DATED : 30.06.2025 Applicant/appellant has filed an application to condone the 339-day delay caused in filing the first appeal.

2.

Learned Assistant Government Pleader for respondent Nos. 2 and 3 has given no objection to condone the delay.

3.

Despite service of notice, none appears for the respondent No.1, which leads to drawing an adverse inference that she has no interest in opposing the said application and therefore does not appear in the Court.

4.

Hence, considering the reason stated in the application, as well as no objection of the learned Assistant Government Pleader for respondent Nos. 2

2 26 caf 2059-2023.odt and 3, the application is allowed as prayed. Accordingly, delay is condoned.

5.

Appeal be registered accordingly.

6.

Application stands disposed of.

FIRST APPEAL STAMP NO. 9869 OF 2023 Heard.

2.

Issue notice to the respondents, returnable after six weeks.

3.

Learned Assistant Government Pleader waives notice for respondent Nos. 2 and 3.

4.

Call for record and proceedings.

JUDGE Jayashree....