The Executive Engineer, Upper Painganga Project Div. 2, Umarkhed v. Aziz Khan S/O Nanhe Khan Pathan And Others

2024:BHC-NAG:3490 1 caf 3897.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Civil Application (CAF) No. 3897 of 2023 in First Appeal St.

No.

10091 of 20 [The Executive Engineer, Upper Painganga Project Division, Umarkhed, Dist. Yavatmal ..vs.. Aziz Khan S/o Nanhe Khan Pathan and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M. R. Joharapurkar, Advocate for the applicant/appellant Mr. A. R. Patil, Advocate for non-applicant no. 1 Ms. D. V. Sapkal, AGP for the State/non-applicant nos. 2 and 3 CORAM : ANIL L. PANSARE J .

DATED : 20-03 -202 The delay is sought to be condoned on the ground that the parents of counsel appearing for the appellant were critically ill during the period from 14-10-2022 to 24-6-2023 and ultimately the father of counsel expired.

In addition, the learned counsel for the applicant/ appellant states that in connected matter, this Court has condoned the delay.

Learned counsels for non-applicants have no objection if the delay is condoned.

In view of the above and for the reasons set out in the application, the application is allowed. Delay of 342 days in filing appeal is condoned. The appeal be registered.

First Appeal No. of 2024 Heard.

2 caf 3897.23.odt Admit.

Call R & P.

Learned counsel Mr. A. R. Patil waives notice for respondent no. 1 and learned Assistant Government Pleader waives notice for respondent nos. 2 and 3. (Anil L. Pansare, J.) wasnik