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Bombay High CourtCAO/772/2017admittedallwdgrantedrule absolute

Executive Engineer, Minor Irrigation Division, Wardha v. Ashabai W/O. Gajanan Sagane And Others

2018-02-13Hon'Ble Shri Justice Manish Pitale1 pages

1302cao772.17 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 598 OF 2017 IN FIRST APPEAL NO.22 OF 2018 (Executive Engineer, Minor Irrigation Division vs. Ashabai w/o Gajanan Sagane 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 S.K. Bhoyar, Advocate for applicant/appellant. Mrs. M.A. Barabde, Assistant Government Pleader for respondent nos.2 and 3.

-------- CORAM : MANISH PITALE, J.

DATED : FEBRUARY 13, 2018 This is an application for restoration of appeal as against respondent no.1, which stood dismissed due to failure in supplying copies for issuance of notice to said respondent. It is accompanied by application for condonation of delay.

For the reasons stated in the applications, same are allowed. Delay is condoned and appeal is restored as against respondent no.1.

Issue notice to respondent no.1, returnable on 13/3/2018.

The appellant is granted time of four weeks to deposit the entire decretal amount in this Court and if such deposit is made within the aforesaid period of time, interim order granted on 2/4/2016 shall stand revived. JUDGE khj