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Bombay High CourtMCA/737/2018admittedallwdgrantedrule absolute

The Executive Engineer Purna Medium Project Division Achalpur Amravati v. Govindrao Gangaramji Pete Thr. Lrs Subhadrabai G Pete And Others

2018-07-17Hon'Ble Mrs. Justice Swapna Joshi2 pages

cao1242.18 16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAO) NO.1242/2018 in F.A.ST.NO.16932/2016 The Executive Engineer, Purna Medium Project Division Achalpur, District Amravati ..vs..

Govindrao Gangaramji Pete, thr. LRs and ors ................................................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................................................... Mrs. A.A. Joshi and Mrs. P.P. Chobe, Counsel for the applicant. Mrs. A.R. Kulkarni, AGP for non-applicant Nos.10 and 11.

CORAM

: MRS. SWAPNA JOSHI, J.

DATED : JULY 17, 2018.

1.

This is an application for condonation of delay caused in filing restoration application of the appeal which was dismissed against non-applicant Nos.1 to 9.

2.

Heard learned counsel for the parties.

3.

Having heard learned counsel applicant and the nonapplicants and perused the contents in the application at paragraph Nos.2 and 3, I am convinced that delay is satisfactorily explained. 4.

For the reasons stated therein, the application is allowed. Delay caused in filing restoration application of the appeal stands condoned.

5.

The civil application is disposed of accordingly. Misc. Civil Application No.737/2018 1.

This is an application for restoration of the appeal. 2.

Heard learned counsel for the parties.

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cao1242.18 16 3.

For the reasons stated therein, the application is allowed subject to applicant depositing costs of Rs.500/- with the Vidarbha Lady Lawyers' Association. The order dated 16.1.2018 passed by the Registrar (J) of this Court is set aside. The appeal dismissed against non-applicants/respondent Nos.1 to 9 is restored to its original file, subject to payment of costs of Rs.500/- to be deposited with the Vidarbha Lady Lawyers' Association. The application is allowed and disposed of.

Civil Application (CAF) NO.644/2017 1.

Heard.

2.

Issue Notices to the non-applicants, returnable after four weeks.

3.

Learned Assistant Government Pleader Mrs. A.R. Kulkarni waives service on behalf of the State. 4.

Learned counsel Mrs. A.A.Joshi for the applicant submits that as per order dated 5.7.2017, the entire decreetal amount has been deposited before this Court.

5.

In view of above, interim stay granted on 5.7.2017 to continue, till disposal of the appeal.

JUDGE !! BRW !!

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