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Bombay High CourtCAF/1798/2022ca disposed off

The Executive Engineer, Minor Irrigation Project, Wardha v. Vijay S/O Prabhakarrao Kadam And Others

2022-08-10Hon'Ble Smt. Justice M. S. Jawalkar2 pages

15 caf 1798-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1798/2022 IN C IVIL APPLICATION (CAF) STAMP NO. 25141/2017 FIRST APPEAL STAMP NO. 25140/2017 The Executive Engineer, Minor Irrigation Project, Wardha Vs.

Vijay Prabhakar Kadam and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri A.R. Bhole, Advoate h/f Ms A.A. Athalye, Advocate for applicant CORAM : SMT. M.S. JAWALKAR, J.

DATE : 10/08/2022 Present application is filed for modification of order dated 21/09/2021. It appears that by the order dated 21/09/2021, this Court allowed the Civil Application (CAO) No. 198/2021 and by that delay was condoned in preferring Misc. Application Stamp No. 11287/2020. The Misc Civil Application was also allowed and appeal stands restored to file. The other applications 574 and 575 were also allowed for withdrawal of amount and for correction in the name. However, while passing order in First Appeal Stamp No.25140/2017, it appears that matter was admitted, however there was delay in filing First Appeal that remained to be condoned. As such

15 caf 1798-2022.odt the order is modified by passing order in CAF ST. No. 25141/2017.

2.

For the reasons mentioned in the application, the same is allowed. Delay in filing First Appeal is hereby condoned.

3.

The learned Counsel for appellant submits that within one week he will file paper book.

4.

The order dated 21/09/2021 is modified accordingly.

5.

The Registry is directed to register First Appeal. 6.

Appellant to file private paper book within one week.

7.

The application is disposed of.

(SMT. M.S. JAWALKAR, J.) Jayashree..

Signed By:JAYASHREE SHARAD SHINGNE