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Bombay High CourtCAO/270/2021ca disposed off

V. I. D. C. Thr. Executive Engineer, Amravati Medium Project Division, (Earlier-Amt. Irrigation Div v. Abdul Jabbar S/O Sheikh Abdulla (Deceased) Through Lrs. Mansabee Wd/O Abdul Jabbar And Others

2021-03-25Hon'Ble Shri Justice S.M. Modak2 pages

cao.270.21 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAO] No.270 of 2021 in Civil Application [MCA] St.No.13255 of 2020 in First Appeal No.326 of 2019 (R) VIDC, through its Executive Engineer, Amravati Medium Project vs.

Abdul Jabbar s/o Sheikh Abdulla & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ms. Ashwini Athalye, Advocate for the Applicant/Appellant.

CORAM

: S.M. MODAK, J.

DATE : 25 th MARCH, 2021.

Heard the learned Advocate for the applicant/appellant.

The learned Registrar (Judicial) as per the order dated 12/03/2019 was pleased to refuse registration for want of removal of the office objections. The appellant is now ready to remove those office objections. There is delay in filing an application for restoration. The reasons mentioned in both these applications are satisfactory. Hence, the order :

i.

The delay of 57 days caused in preferring the application for restoration of appeal is condoned. ii. The appeal is restored to file.

iii. The appellant is granted four weeks' time to remove the office objections.

cao.270.21 2/2 iv. The applications stand disposed of accordingly. Civil Application [CAF] St. No.24599/2018:

Some of the amount has been deposited before the Reference Court. The appellant undertakes to deposit the remaining amount before this Court within a period of eight weeks. The claimants have already filed execution proceedings bearing R.D. No.528/2020.

Hence, stay is granted to the execution of R.D. No.528/2020 subject to deposit of the remaining amount before this Court within a period of eight weeks. JUDGE *sandesh