Bombay High CourtCAF/2851/2023allowed

The Executive Engineer, Amravati Irrigation Division, Amravati v. Shri. Rameshlal Lilaram Motwani And Others

2024-01-04Hon'Ble Shri Justice Anil L. Pansare2 pages

(1) caf2851.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2851/2023 IN FIRST APPEAL ST. NO.14407/2023 The Executive Engineer, Amravati Irrigation Division, Amravati .Vs. Rameshlal Lilaram Motwani and Ors.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms A. Athalye, Advocate for applicant.

Mrs. H. Dhande, A.G.P. for non applicant nos. 2 and 3. CORAM :

ANIL L. PANSARE, J.

DATE :

04.01.2024 Heard.

By the present application, the applicant is seeking condonation of delay of 74 days in filing the appeal. The non applicant no.1, though served, has not appeared and thus there is no challenge at the hand of the non applicant no.1. to the averments made in the application justifying the delay.

So far as the non applicant nos.2 and 3 are concerned, considering the trivial delay, the learned A.G.P. has no objection, if the delay is condoned.

In view of above and for the reasons set out in the application, the application is allowed, as prayed for. The appeal be registered and processed as per the rules. First Appeal Stamp No.14407/2023 Heard.

Issue notice to the respondents, returnable after three weeks.

(2) caf2851.23 Parties are put to notice that the appeal may be taken up for final hearing at the admission stage. The parties are at liberty to file compilation of the documents, which they intend to rely upon.

In the meantime, call record and proceedings. Learned A.G.P. waives service of notice for the respondent nos. 2 and 3.

(Anil L. Pansare, J.) Kahale