Bombay High CourtMCA/528/2019admittedallwdgrantedrule absolute

Executive Engineer, Lower Pus Project, Pusad, Yavatmal And Another v. Sheshrao Narayan Dudhe (Deceased) Thr. Lrs. Smt. Indubai Sheshrao Dudhe And Others

2019-04-30Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

3004cao899.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.899/2019 IN MISC. CIVIL APPLICATION ST. NO.13826/2018 IN FIRST APPEAL ST. NO.3107/2017 (R.C. 456/17) Executive Engineer, Lower Pus Project, Pusad, Tah. Pusad, Dist. Yavatmal and another ...Versus...

Sheshrao Narayan Dudhe (Dead) through L.Rs. Indubai Sheshrao Dudhe and others 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 N.M. Gaidhane, Counsel for applicants Shri A.B. Nakshane, Counsel for respondent nos.1 (a) to 1 (g) Smt. Hemlata Jaipurkar, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 30/04/2019 Heard.

Perused the application. There is a delay of 427 days caused in filing the revision application. For the reasons stated in the application, the delay caused in filing the revision application is condoned. The civil application is allowed and disposed of accordingly. No order as to costs.

3004cao899.19.odt MISC. CIVIL APPLICATION ST. NO.13826/2018 Heard.

For the reasons stated in the application, the Misc. Civil Application is allowed. The order dated 18/4/2017 passed by the Registrar is set aside.

The Misc. Civil Application stands disposed of accordingly. No order as to costs.

CIVIL APPLICATION (CAF) ST. NO.3116/2017 WITH FIRST APPEAL ST. NO.3107/2017 (R.C. 456/17) Heard.

The appellants have filed Pursis St. No.5878/2019 dated 18/4/2019 along with communication dated 4/4/2019 stating therein that the Corporation does not desire to prosecute the first appeal. Hence, the civil application as well as first appeal are permitted to be withdrawn. The court-fee be refunded to the appellants, as per rules.

The civil application as well as first appeal stand disposed of as withdrawn. No order as to costs. JUDGE Wadkar, P.S.