V. I. D. C. Through Its Executive Engineer, Minor Irrigation Division No. 2 Akola v. Baban Suryabhan Tayade-Dead Through His Lrs., Dayabai Wd/O Tayade And Others

2109 FAST 10995-2015 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F. No. 3331/2015 IN FIRST APPEAL ST. No. 10995/2015 (V.I.D.C. THROUGH ITS EXE. ENGINEER, MINOR IRRIGATION DIVISION NO.2, AKOLA -vsBABAN SURYABHAN TAYADE (DEAD) THROUGH HIS L.RS. DAYABAI BABAN TAYADE 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 Vinay Dahat, counsel for applicant.

Shri Amol Darekar, counsel for respondent nos.1 to 6. Ms. T.H. Udeshi, AGP for respondent no.7.

CORAM: S.B. SHUKRE, J.

DATE : SEPTEMBER 21, 2017.

Heard Shri Vinay Dahat, learned counsel for the applicant, Shri Darekar, learned counsel for respondent nos.1 to 6 and Ms. Trupti Udeshi, learned AGP for respondent no.7.

Learned AGP for respondent no.7 submits that an appropriate order, in this matter, be passed. Learned counsel for respondent nos.1 to 6 has opposed this application.

There is also considerable delay. But, the fact remains that this applicant was not a party to the proceedings before the reference court, and therefore, I am of the view that, this circumstance explains the delay, which has occurred in the present case. Thus, I find that there is a sufficient cause available in the instant case for condoning the delay.

2109 FAST 10995-2015 2/2 Application is hereby allowed. Delay is condoned. Appeal be registered.

Application is disposed of.

FIRST APPEAL ST. No. 10995/2015.

Heard Shri Vinay Dahat, learned counsel for the applicant, Shri Darekar, learned counsel for respondent nos.1 to 6 and Ms. Trupti Udeshi, learned AGP for respondent no.7.

ADMIT. Call for R and P.

JUDGE Yenurkar