The Executive Engineer, Purna Medium Project Division, Achalpur, Amravati v. Venubai Jaideorao Rewaskar And Others

2024:BHC-NAG:8205

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 887 OF 2024 IN MISC. CIVIL APPLICATION (ST.) NO. 14102 OF 2024 IN FIRST APPEAL NO. 1306 OF 2017 (D) THE EXECUTIVE ENGINEER, PURNA MEDIUM PROJECT DIVISION, ACHALPUR, AMRAVATI -Vs. - VENUBAI JAIDEORAO REWASKAR 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. Shri Piyush Pendke, AGP for respondent nos. 2 and 3/State. CORAM : SANJAY A. DESHMUKH , J.

DATED : 29/07/ This is an application for condonation of delay of 1132 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.

Shri Piyush Pendke, 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 1132 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.

14102 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.

Shri Piyush Pendke, 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. 1306 OF 2017 17.

Issue notice to the respondents, returnable after two weeks.

18.

Shri Piyush Pendke, 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