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Bombay High CourtCAO/88/2024disposed off

The Executive Engineer, Upper Painganga Project Division, Umarkhed, Yavatmal v. Sambha Maroti Totewar (Dead) Thr. Lrs. Smt. Renuka Sambhaji Totewar And Others

2024-01-16Hon'Ble Shri Justice G. A. Sanap2 pages

2024:BHC-NAG:643 4 cao 88.24.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (C.A.O.) NO. 88 OF 2024 IN MISC. CIVIL APPLICATION (ST) NO. 10428 OF 2023 IN FIRST APPEAL ST. NO.

13967 OF 2022 (D) The Executive Engineer, Upper Painganga Project Division, Umarkhed, Yavatmal .Vs.

Sambha Maroti Totewar (Dead) through his legal heirs and Ors. _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri M.R. Joharapurkar, Advocate for the appellant. Mr. M.A. Kadu, AGP for respondent Nos. 5 and 6. CORAM :

G.A. SANAP, J.

DATE :

16/01/2024 Heard learned Advocate for the parties. Perused the record and proceedings.

2.

This is an application for condonation of 118 days delay caused in filing application for restoration of the appeal.

3.

In view of the reasons stated in the application, subject to cost of Rs.500/- (Rs. Five Hundred Only) delay of 118 days caused in filing application for restoration of the appeal is condoned.

4.

The cost of Rs.500/- (Rs Five Hundred Only) be deposited in M/s the High Court Gazetted Officers

4 cao 88.24.odt..odt Association, Nagpur within one week.

5.

The appeal be registered.

6.

The application stands disposed of, accordingly. MISC. CIVIL APPLICATION (ST) NO.10428 OF 2023 1.

Heard learned Advocates for the parties. Perused the record and proceedings.

2.

This is an application for setting aside dismissal order and restoration of first appeal.

3.

The reasons have been stated in the application. 4.

In view of the reasons stated in the application, subject to cost of Rs.500/- (Rs. Five Hundred Only) the application is allowed. The dismissal order dated 17/01/2023 is set aside. Cost be paid within one week. 5.

The appeal be restored to its original number. 6.

The application stands disposed of.

7.

Office objections in First Appeal St.

No.13967/2022 be removed within one week.

(G. A. SANAP, J.) manisha