V.I.D.C. Thr. Exe. Engineer, Purna Medium Project, Achalpur Div. Achalpur, Amravati And Another v. Sahebrao Mahipatrao Band And Others

2024:BHC-NAG:6897 15.cao727.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.727 OF 2024 IN FIRST APPEAL ST. NO.342 OF 2020 V.I.D.C., through Executive Engineer, Purna Medium Project Division, Achalpur, Dist. Amravati and another .Vs. Sahebrao Mahipatrao Band (Dead) through Lrs Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mrs Anjali Joshi, Advocate for appellants.

Shri M.A. Kadu, A.G.P. for respondent Nos.2 and 3/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 03/07/2024 1.

This is an application for condonation of delay of 179 days caused for restoration of appeal under Section 5 of the Limitation Act.

2.

Heard both the sides.

3.

The learned advocate for the respondents opposed the application.

4.

For the reasons stated in the application, the application is allowed in the interest of justice. 5.

Delay caused in filing restoration of appeal is hereby condoned.

6.

Civil application is disposed of accordingly. MISC. CIVIL APPLICATION ST. NO.11878 OF 2024 7.

This is an application for restoration of appeal as dismissed for not filing of private paper book. C.L. Dhakate

15.cao727.24.odt 8.

The appellant is directed to file private paper book within six weeks. Therefore, application for restoration of appeal is allowed in the interest of justice. 9.

The appeal is restored on its original file.

10.

Civil application is disposed of accordingly. (SANJAY A. DESHMUKH, J.) C.L. Dhakate