The Executive Engineer, Purna Medium Project, Div.-Achalpur, Amravati v. Prabhakarrao S/O Bhaskarrao Khuje And Others

2024:BHC-NAG:8600

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 917 OF 2024 IN MISC. APPLICATION (ST.) NO. 14094 OF 2024 IN FIRST APPEAL NO. 237 OF 2020 (D) THE EXECUTIVE ENGINEER, PURNA MEDIUM PROJECT, DIV.-ACHALPUR, AMRAVATI -Vs. - PRABHAKARRAO S/O BHASKARRAO KHUJE AND OTHERS Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri T.M. Zaheer, Advocate for appellant.

Shri R.G.Shindekar, Advocate for respondent no. 1. Shri P.P. Pendke, AGP for respondent nos. 2 and 3/State. CORAM : SANJAY A. DESHMUKH , J.

DATED : 02/08/ The present application is filed for condonation of delay of 822 days caused in preferring the application for restoration of appeal.

Issue notice to the respondents.

Shri R.G.Shindekar, learned Advocate waives notice for respondent no. 1.

Shri P.P. Pendke, learned AGP waives notice for respondent nos. 2 and 3.

5.

Perused the application.

6.

Heard learned Advocates for the both sides.

7.

For the reasons stated in the application, the application deserves to be allowed in the interest of justice. As such, the application is allowed. Delay in preferring the application for restoration of appeal is hereby condoned. 8.

Accordingly, the application stands disposed of. MISC. APPLICATION (ST.) NO. 14094 OF 2024 This is an application for restoration of appeal which was dismissed for non-filing of paper book.

Issue notice to the respondents.

Shri R.G.Shindekar, learned Advocate waives notice for respondent no. 1.

Shri P.P. Pendke, learned AGP waives notice for respondent nos. 2 and 3.

5.

Perused the application.

6.

Heard learned Advocates for the both sides.

7.

For the reasons stated in the application, the application deserves to be allowed in the interest of justice as prayed for. As such, the application is allowed. 8.

Registry is directed to restore the appeal to its file. 9.

Accordingly, the application stands disposed of. FIRST APPEAL NO. 237 OF 2020 The learned Advocates for the appellant and the respondents submit that it is not necessary to file paper book and the appeal can be decided on the basis of R & P.

Considering this fact, the filing of paper book is dispensed with.

Call R & P.

Stand over after seeks weeks.

(SANJAY A. DESHMUKH, J.) B.T. Khapekar