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Bombay High CourtCAF/1233/2019delay condonatedrejected

Pancham S/O Gopichand Kombade v. The Superintendent Engineer, M.S.R.D.C., Nagpur And Others

2021-01-13Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

1 917 caf 1233.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1233 OF 2019 IN FIRST APPEAL NO. __________ OF 2021 Shri Pancham s/o Gopichand Kombade and anr.

..VS..

The Superintendent Engineer, M.S.R.D.C., Nagpur and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri U.P. Dable, Advocate for applicant/appellant. Ms. S. Haider, A.G.P. for respondent nos. 2 and 3. Shri S.S. Phadnis, Advocate for respondent no.4. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 13/01/2021 By this application, the applicants/original claimants have sought condonation of delay of 299 days caused in filing appeal against the judgment and award dated 11.04.2017 passed in L.A.R. Case No. 271 of 2005. 2.

Counsel for the respondent no. 4 has opposed the application on the ground that the applicants has failed to shows the sufficient cause for condoning the delay. 3.

I perused the record and considered the submission advanced by learned Counsel for respective parties. In view of reasons stated in paragraph 3, 4 and 5 of the application, delay is condoned. It is made clear that the applicant shall not be entitled for any interest for the delayed period i.e. from the date of the impugned judgment till the date of the application. Civil Application stands disposed of accordingly. Appeal be registered after removal of office objections.

2 917 caf 1233.2019 FIRST APPEAL NO. _______ OF 2021 Heard.

2.

ADMIT.

3.

Learned A.G.P. waives notice on behalf of respondent nos. 2 and 3 and learned Counsel Shri S.S. Phadnis, waives notice on behalf of respondent no.4. JUDGE Trupti