Executive Engineer Vidarbha Irrigation Development Corporation, Nagpur v. Smt. Shewantabai Shankar Yerkade And Others

caf110.20.O.odt

IN THE HIGH COURT OF JUDICATURE AT B

O MBAY NAGP U R BENCH, N A GPUR CIVIL APPLICATION (CAF) NO.

IN FIRST APPEAL STAMP NO.13578 OF 2019 (Executive Engineer, Vidharbha Irrigation Development Corporation, Nagpur Vs. Smt. Shewantabai Shankar Yerkade and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. I. P. Khisti, Advocate for Appellant.

Mr. S. C. Joshi, AGP for Respondent Nos.3 & 4/State. CORAM: ANIL L. PANSARE , J.

DATE: 21 st FEBRUARY, .

Extension of time of eight weeks to comply order dated 25.09.2023 has been sought on the ground of procedural delay. By order dated 25.09.2023, the appellant has given option to either deposit costs of Rs.10,000/- or to plant 25 trees as condition for condoning the delay. The appellant opted to deposit Rs.10,000/- but failed to deposit the same within the time stipulated.

2.

This is another case where the order has been not complied in time on the ground of procedural delay. The Supreme Court in the case of State of Madhya Pradesh And Others Vs. Bherulal reported in (2020) 10 SCC 654 deprecated the practice of keeping the file pending for several months on the ground of administrative exigencies.

caf110.20.O.odt 3.

Nonetheless the delay having been condoned in filing first appeal, it will be appropriate to permit the appellant to deposit amount of Rs.10,000/-, subject to payment of costs of Rs.5000/- which shall be deposited in two weeks from today.

4.

Stand over after two weeks.

JUDGE NSN