V.I.D.C. Through Executive Engineer, Canal Division, Bembla Project, Yavatmal And Another v. Dilip Sadashivrao Khairkar And Others

2024:BHC-NAG:6902 19..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.734 OF 2024 IN FIRST APPEAL NO.761 OF 2019 (D) V.I.D.C., through Executive Engineer, Canal Division, Yavatmal and another .Vs. Dilip Sadashiv Khairkar and others 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 504 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.12395 OF 2024 7.

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

19..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