Executive Engineer Upper Wardha Irrigation Division, Amravati v. Pravin S/O Alsidasji Rathi And Others

CAF806-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

CAF No.806/2017 in First Appeal St. 16607/2016 (Executive Engineer, Upper Wardha Cannel Divn No. III .vs. Pravin Alsidasji Rathi and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. P.B. Patil, Advocate for Appellant.

Mrs. Geeta Tiwari, AGP for Respondent Nos. 2 & 3. CORAM : Manish Pitale, J.

DATED : February 24, 2018.

Although by order dated 7.2.2008 it was noted that the interim order dated 30.06.2017 stood vacated due to failure on the part of the appellant to deposit the entire decretal amount within a period of 12 weeks from 30.06.2017, today the learned counsel appearing on behalf of the appellant submits that the cheque towards the entire decretal amount is ready for deposit. Hence the learned counsel for the appellant is permitted to deposit the said cheque towards the entire decretal amount within a period of one week in this Court. If such deposit is made within a period of one week from today, the interim order dated 30.06.2017 shall stand revived. Civil Application No. 806/2017 This is an application for condonation of delay of 172 days in filing the appeal. Notice was issued on this application on 30.06.2017. The respondent Nos. 2 and 3 are represented through the learned AGP while none appears for the respondent no.1-claimant,

CAF806-17.odt although served. Hence for the reasons stated in the application, the same is allowed and delay is condoned. List after two weeks.

JUDGE halwai