Vidarbha Irrigation Development Corporation T Hrough Its Executive Engineer, Bembla Project Divisio v. Natthu Bhagwan Thakre And 2 Others
1 33 cao 508-2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.508/2022 I N MISC. CIVIL APPLICATION ST. NO.6501/2022 IN FIRST APPEAL NO.679/2013 Vidarbha Irrigation Development Corporation through its Executive Engineer, Bembla Project Division, Yavatmal Vs.
Natthu Bhagwan Thakre and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.B. Patil, Advocate for appellant Ms H.N. Jaipurkar, AGP for respondent Nos.2 and 3 CORAM :
SMT. M.S. JAWALKAR, J.
DATED :
03/08/ Heard.
2.
The present application is filed for condonation of delay in filing application for restoration of appeal. The First Appeal came to be disposed of for not filing of paper book.
3.
It is contended that it was not noticed by the learned Counsel for appellant. The directions were issued in the bulk of matter wherein paper books were not filed.
4.
In view of this reason I have no hesitation to allow the application.
5.
The application is hereby allowed.
6.
The delay in filing restoration application is condoned.
2 33 cao 508-2022 MISC. CIVIL APPLICATION ST. NO.6501/2022 The reasons in the present application and the application for condonation of delay are the same. 2.
Order passed by this Court dated 06/09/2017 and consequent order passed by the Registrar dated 13/06/2017 are hereby recalled.
3.
The Registry is directed to register the First Appeal on its original number.
[FIRST APPEAL NO.679/2013 It is submitted by learned Counsel for appellant that in view of the order passed in First Appeal No.762/2017, by which the appeal came to be dismissed, the present appeal needs to be dismissed. The project involved in the said First Appeal is also the same. The present appeal is also arising out of the same project i.e. Bembla Project. As such the controversy is concluded in First Appeal No.1667/2019 vide judgment of this Court dated 01/10/2019. Nothing survives in the present appeal. Hence appeal is dismissed.
2.
The claimants are entitled to withdraw the entire remaining decreetal amount amount along with the accrued interest, so deposited by the appellant in this Court.
3.
Civil Application No.709/2022 is disposed of accordingly.
Signed By:RANJANA SAMEER SAHARE JUDGE R.S. Sahare