Vidarbha Irri. Development Copr. Nagpur Thr. Its Exe. Engineer, Lower Purna Irri. Project,Achalpur v. Dinkarrao Yashwantrao Deshmukh And 2 Others

2025:BHC-NAG:8878 1 34cao299.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAO] NO.299 OF 2021 IN MISC. CIVIL APPLICATION ST. NO.13546 OF 2019 IN FIRST APPEAL NO.11 OF 2014 [D] [VIDC .VS. Dinkarrao Yashwantrao Deshmukh and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.B. Patil, Advocate for Appellant.

Shri TAbhay Sambre, Advocate for Respondent No.1. Shri H.D. Futane, AGP for Respondent Nos.2 and 3. .................

CORAM : PRAVIN S. PATIL, J.

DATED : SEPTEMBER 09, 2025 .

1.

This court admitted the appeal on 20.2.2014. Thereafter, time was granted to file the paper book. However, same was not filed within time. Hence, appeal was dismissed. 2.

By this application, applicant is seeking condonation of delay of 446 days caused in filing application for restoration of First Appeal No.11/2024.

3.

The counsel appearing for applicant made a statement that his paper book is ready and same will be filed immediately in the matter after serving the copy of the same to the respondents counsel.

4.

Hence, for the reasons stated in the application and the statement made at bar, the delay of 446 days caused in filing application for restoration of first appeal is hereby condoned. 5.

Application stands disposed of.

2 34cao299.21.odt MISC. CIVIL APPLICATION ST. NO.13546/2019 1.

By this application, applicant is seeking the restoration of First Appeal No.11/2014.

2.

For the reasons stated in the application, application is allowed. The order of dismissing the first appeal in terms of order dated 20.2.2018 is hereby quashed and set aside. 3.

Office is directed to restore First Appeal No.11/2014 on its original position.

4.

It is made clear that applicant should supply the copy of paper book to the respondents and remove the office objection, if any, in the paper book raised by the office before the date of final hearing.

5.

Appellant made a statement that he will deposit the cost of Rs.500/- on or before the next date and file receipt of acknowledgment of the same on record. Office is further directed to accept the paper book which is prepared on legal size papers.

6.

Considering the fact that the appeal is of year 2014, list the matter for final disposal on 24.9.2025. (PRAVIN S. PATIL, J.) Gulande