Executive Engineer, Minor Irrigation Department Dist. Wardha v. Sudhakar Punjabrao Bhoge And Others

2024:BHC-NAG:10269 6.cao.659.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.659 OF 2021 IN MCA ST. NO.11319 OF 2020 IN FIRST APPEAL NO.921 OF 2017 Executive Engineer, Minor Irrigation Department .Vs. Sudhakar Punjabrao Bhoge and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms A.S. Athalye, Advocate for appellant.

Shri P.P. Pendke, A.G.P. for respondents/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 12/09/2024 1.

This is an application for condonation of delay of 493 days caused for filing application for restoration of appeal which was dismissed for not filing of paper book within a time.

2.

Heard learned advocates for both sides.

3.

Perused the application.

4.

Considering peculiar set of facts and the delay is not deliberately caused, the application deserves to be allowed in the interest of justice. The application is allowed. Delay of 493 days caused for filing appeal is condoned. 5.

Application is allowed and disposed of.

MCA ST. NO.11319 OF 2020 6.

This is an application for restoration of first appeal No.921 of 2017.

C.L. Dhakate

6.cao.659.21.odt 7.

Heard learned advocates for both sides.

8.

Perused the application.

9.

The appeal was dismissed for not filing of paper book within a time. The learned advocate for the appellant submits that, paper book can be filed within a week. Considering the submission, the application deserves to be allowed in the interest of justice.

10.

The application is allowed subject to filing of paper book within a week. If the paper book is not filed within a week, the application shall be rejected without further orders.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate