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Bombay High CourtMCA/849/2018admittedallwdgrantedrule absolute

Executive Engineer, Minor Irrigation Division, Washim v. Prabhakar Daulatrao Deshmukh And Others

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

cao1338.18 32

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAO) NO.1338/2018 IN MCA ST.NO.16130/2018 IN FA ST.NO.6977/2017 Executive Engineer, Minor Irrigation Division, Washim ..vs..

Prabhakar Daulatrao Deshmukh 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 353 days caused in filing the application for restoration of the first appeal. 2.

For the reasons stated therein, the application is allowed. Delay of 353 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.16130/2018 1.

Heard.

2.

Being aggrieved by judgment and decree passed by learned Civil Judge Senior Division, Mangrulpir in LAC No.200/2013 decided on 11.6.2015, 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/-

cao1338.18 32 Registrar of this Court on 25.7.2017. 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 25.7.2017 passed by Registrar of this Court is hereby set aside. First Appeal St.No.6977/2017 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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