Vidc Thr. Exe. Engineer, Purna Medium Project, Achalpur Div. Achalpur, Amravati And Another v. Shyamrao S/O Marotiraoji Datir And Others

2024:BHC-NAG:8210

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 890 OF 2024 IN MISC. CIVIL APPLICATION (ST.) NO. 14076 OF 2024 IN FIRST APPEAL NO. 394 OF 2020 (D) VIDC THR. EXE. ENGINEER, PURNA MEDIUM PROJECT, ACHALPUR DIV. ACHALPUR, AMRAVATI AND ORS. -Vs. - SHYAMRAO S/O. MAROTIRAOJI DATIR AND OTHERS Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mrs. Anjali A. Joshi, Advocate for appellant/applicant. Ms. Deepa I. Charlewar, AGP for respondent nos. 2 and 3. CORAM : SANJAY A. DESHMUKH , J.

DATED : 29/07/ This is an application for condonation of delay of 528 days caused in preferring an application for restoration of the appeal.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Issue notice to the respondents.

5.

Ms. D.I. Charlewar, learned AGP waives notice for respondent nos. 2 and 3.

6.

The respondent no. 1/claimant is already served. 7.

The learned counsel for the applicant submits that now, the paper book is ready.

8.

Considering the various reasons stated in the application, the application deserves to be allowed in the interest of justice. As such, the application is allowed. 9.

Delay of 528 days caused in preferring the application for restoration of appeal is hereby condoned. 10.

Accordingly, the application stands disposed of. MISC. CIVIL APPLICATION (ST.) NO.

14076 OF 2024 11.

This is an application for restoration of appeal dismissed for non filing of the private paper book. 12.

Issue notice to the respondents.

13.

Ms. D.I. Charlewar, learned AGP waives notice for respondent nos. 2 and 3.

14.

The respondent no. 1 is already served.

15.

Considering the reasons stated in the application, the application deserves to be allowed in the interest of justice. As such, the application is allowed. The appeal be restored to file.

16.

The application stands disposed of.

FIRST APPEAL NO. 394 OF 2020 17.

Issue notice to the respondents, returnable after two weeks.

18.

Ms. D.I. Charlewar, learned AGP waives notice for respondent nos. 2 and 3.

19.

The learned counsel for the appellant seeks two weeks' time to file paper book. Two weeks' time is granted. (SANJAY A. DESHMUKH, J.) B. T. Khapekar