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Bombay High CourtCAO/779/2024delay condonatedrejected

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Project, Yavatmal And ANR v. Ramesh Manohar Kevte And Others

2024-07-30Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

2024:BHC-NAG:8196 19..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.779 OF 2024 IN MCA ST. NO.12759 OF 2024 IN FIRST APPEAL NO.311 OF 2019 (D) VIDC, through E.E., Yavatmal & Anr. .Vs. Ramesh Manohar Kevte & Ors. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Ms. Anjali Joshi, Advocate for appellants. Shri P.P. Pendke, A.G.P. for respondent/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 30/07/2024 1.

This is an application for condonation of delay of 827 days in filing application for restoration of appeal. 2.

Perused the application.

3.

Heard learned advocates for both sides.

4.

The learned A.G.P. strongly objected the application.

5.

Considering the reasons stated in the application, the application is allowed. Delay is condoned. 6.

Civil application is disposed of.

M.CA. ST. NO.12759 OF 2024 7.

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

19..odt 8.

Considering reasons stated in the application, the application deserves to be allowed in the interest of justice.

9.

Application is allowed and disposed of.

10.

First appeal be restored to its original file. FIRST APPEAL NO.311 OF 2019 11.

Issue notice to the respondents, returnable after four weeks.

12.

The learned A.G.P. waives service of notice for the respondent Nos.2 and 3/State.

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