V. I. D. C. Through Its Executive Engineer, Lower Wardha Project Division, Wardha And Another v. Sau. Gunmalabai Subhashchandra Jain And 2 Others

23.caf1222.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1222/2021 IN FIRST APPEAL STAMP NO. 12283/2019 Executive Engineer, Lower Wardha Project Division, Wardha And Another Vs Sau. Gunmalabai Subhashchandra Jain And 2 Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr J.B.Kasat, counsel for the appellants.

Mr M.A. Kadu, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 31/03/ 3.

1.

Heard.

2.

The present application for seeking condonation of delay of 138 days which is caused in preferring the appeal. The appellants have challenged the judgment and award of the reference Court passed in LAC No. 41/2009. 3.

As per the contention of the appellants, the appellants has to obtain the necessary permission before preferring of the appeal, wherein the time was consumed and therefore, the delay is caused.

4.

In view of the reasons mentioned in the application, which is satisfactory. The delay of 138 days in filing the appeal is condoned.

Civil application is disposed of.

rkn

23.caf1222.21.odt First appeal St. No. 12283/2019 First Appeal be registered.

2.

Call for record and proceedings.

3.

Admit.

4.

Mr M.A. Kadu, learned AGP waives service of notice on behalf respondent Nos. 2 and 3.

5.

Appellants to file private paper-book within a period of ten weeks after receipt of the record and proceedings. 6.

Appeal be placed before the Court after filing of private paper-book and its verification, as per its turn. JUDGE Signed By:RAJESH K NANDURKAR rkn