Namdeo Narayan Dive (Dead) Through Lrs. Kamlabai Namdeo Dive And Others v. The Executive Engineer, Minor Irrigation Division, Pusad And 2 Others

cao 973.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 973 OF 2019 WITH MISC. CIVIL APPLICATION (MCAST) NO. 16071 OF 2018 IN FIRST APPEAL (ST.) NO. 1115 OF 2018 [Namdeo Narayan Dive and ors. Vs. The Executive Engineer and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri A. B. Nakshane, Advocate for the appellants Shri R. C. Raibhandare, Advocate for respondent no. 1 Shri H. D. Duvey, AGP for respondent nos. 2 and 3. CORAM : M. G. GIRATKAR, J.

DATE : 05/08/2019 The appeal was dismissed for non-removal of office objection.

Heard learned Counsel Shri Nakshane for the appellants. He has submitted that office objection will be removed within a period of two weeks.

The application is opposed by Shri Raibhandare, learned Counsel for respondent no. 1 and Shri Dubey, learned AGP for respondent nos. 2 and 3.

Looking to the submissions, the applications are allowed. The appeal is restored subject to condition that all the office objections shall be removed within a period of two weeks failing which the appeal shall stand automatically be dismissed.

JUDGE SMGate