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Bombay High CourtCAO/1339/2018admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation, Yavatmal Thr. Executive Engineer, Bembla Canal Divisio v. Sau. Mandabai Dyaneshwarrao Bhoyar And Others

2018-07-30Hon'Ble Mrs. Justice Swapna Joshi2 pages

cao1339.18 33

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAO) NO.1339/2018 IN MCA ST.NO.15392/2018 IN FA ST.NO.23720/2017 VIDC, thr. Its Executive Engineer, Bembala Canal Division, Yavatmal ..vs..

Sau. Mandatai Dyaneshwarrao Bhoyar and ors ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri S.K. Boyar, Counsel for the applicant.

Mrs. M.S.Naik, AGP for non-applicant Nos.2 & 3.

CORAM

: MRS. SWAPNA JOSHI, J.

DATED : JULY 30, 2018.

1.

This is an application for condonation of delay of 107 days caused in filing the application for restoration of the first appeal. 2.

For the reasons stated therein, the application is allowed. Delay of 107 days caused in filing the application for restoration of the first appeal stands condoned. The civil application is allowed and disposed of accordingly.

MCA ST.NO.15392/2018 1.

Heard.

2.

Being aggrieved by judgment and decree passed by learned 2nd Joint Civil Judge Senior Division, Yavatmal in LAC No.172/2014 decided on 21.4.2016, the applicant has filed the first appeal before this Court. It is stated that due to non-removal of the office objections, registration of the first appeal was refused by the .....2/-

cao1339.18 33 Registrar of this Court on 20.3.2018. It is stated that the applicant wants to contest the appeal on merits and will remove the office objections within a period of two weeks from today. 3.

In view of the statement made by learned counsel for the applicant, the application is allowed. Order dated 20.3.2018 passed by Registrar of this Court is hereby set aside. First Appeal St.No.23720/2017 is restored to file. The applicant to remove the office objections within a period of two weeks from today. The application is disposed of accordingly.

JUDGE !! BRW !!

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