Bombay High CourtCAF/2284/2015dispossed offdismiss for default

V. I. D. C. Through Its Executive Engineer, Lower Wardha Project Division, Wardha v. Madhaorao Shamrao Korade And Others

2016-01-04Hon'Ble Shri Justice Ravi K. Deshpande2 pages

caf.2282.15 1/2 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application [CAF] No.2282 of 2015 in First Appeal Stamp No.12154 of 2015 (V.I.D.C., through its Executive Engineer, Lower Wardha Project Division, Wardha vs.

Madhaorao Shamrao Korade 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 J.B. Kasat, Advocate for the Appellant.

Smt. M.N. Hiwase, A.G.P. for Respondent Nos.6 and 7. CORAM : R.K. DESHPANDE, J.

DATE : JANUARY 4, 2016.

Heard the learned Counsel for the applicant/ appellant.

After going through the averments made in the application, which remain uncontroverted, I am satisfied that the leave is required to be granted to file the appeal. Hence, the application is allowed and disposed of as such.

Civil Application [CAF] No.2283/2015 :- In spite of service of notice of this application seeking condonation of 52 days delay caused in filing the appeal, no reply is filed opposing the claim so made. After going through the averments made in the application, which remains uncontroverted, I am satisfied that sufficient cause is made out for condonation of delay. Hence, the delay caused is condoned.

The application is allowed and disposed of accordingly.

caf.2282.15 2/2 First Appeal St. No.12154/2015 :- Heard the learned Counsel for the appellant.

ADMIT.

Smt. M.N. Hiwase, the learned A.G.P. waives service of notice for respondent Nos.6 and 7. Rest of the respondents be served by R.P.A.D. in addition to regular mode of service.

Call for record and proceedings.

Civil Application [CAF] No.2284/2015 :- The entire decretal amount has already been deposited in this Court.

In view of this, there shall be stay in terms of prayer clause (A) of the civil application, which shall continue to operate pending the decision of the appeal. The civil application stands disposed of.

JUDGE *sandesh