Gunwantrao Mahadeorao Gulhane v. The Executive Engineer, Representing V.I.D.C., Bembla Project Division, Yavatmal And Others

920 cao 433-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO. 433/2022 IN M ISC. CIVIL APPLICATION STAMP NO. 11123/2019 IN FIRST APPEAL NO. 1032/2014 Gunwantrao Mahadeorao Gulhane Vs.

The Executive Engineer and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri S.S. Nemade, Advocate h/f Shri S.U. Nemade, Advocate for appellant Shri M.A. Kadu, A.G.P. for respondent Nos. 2 and 3/State CORAM : SMT. M.S. JAWALKAR, J.

DATE : 19/08/2022 The present application is filed for condonation of delay in filing Misc. Civil Application for restoration of appeal.

2.

For the reasons stated in Paragraph No.3 of the application, I am satisfied that there is no intentional or deliberate delay in filing Misc. Civil Application. As such, delay in filing Misc. Civil Application is hereby condoned. MISC. CIVIL APPLICATION STAMP NO. 11123/2019 The present application is filed for restoration of first appeal which was dismissed for want of filing of paper book. There was conditional order dated 27/11/2018, by which this Court granted three months

920 cao 433-2022.odt time to file private paper book, failing which appeal was ordered to be dismissed in default without further reference to the Court. The said time has expired on 27/02/2019 and the matter was dismissed . The appellant is poor person and residing at remote area, therefore, he could not contacted and some delay is caused. It is also submitted that as counter appeal is filed by V.I.D.C., wherein paper book was filed, the Counsel for applicant was under impression that there would be no necessity of filing paper book. As such, as counter appeal is already admitted, this appeal is also required to be admitted by restoring to its original file. As such the application is allowed.

2.

Registry is directed to register first appeal on its original number.

3.

The appellant is exempted from filing of private paper book.

4.

List the First Appeal along with Fist Appeal No. 208/2017.

5.

The application stands disposed of.

(SMT. M.S. JAWALKAR, J.) Jayashree..

Signed By:JAYASHREE SHARAD SHINGNE