Bombay High CourtCAF/2776/2015admittedallwdgrantedrule absolute

V. I. D. C. Through Its Executive Engineer, Lower Wardha Canal Division v. Lataru S/O Govindrao Through Lrs., Rukhmabai Wd/O Lataru Gaurkar And Others

2016-01-06Hon'Ble Shri Justice Ravi K. Deshpande2 pages

caf.2210.15 1/2 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application [CAF] No.2210 of 2015 in First Appeal St. No.16366 of 2015 (V.I.D.C., through Executive Engineer, Lower Wardha Canal Division, Wardha vs.

Lataru Govindrao Gaurkar, through L.Rs. and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Vinay Dahat, Advocate for the Applicant/Appellant. CORAM : R.K. DESHPANDE, J.

DATE : JANUARY 6 , 2016.

For the reasons stated in the application, the application is allowed.

The applicant is permitted to file the appeal. The civil application stands disposed of.

Civil Application [CAF] No.2775/2015 :- Notices were issued. All the respondents are served. Shri Sahil Kashyap, the learned Counsel appears for respondent Nos.1 to 6 and Ms. Preeti Rane, the learned A.G.P. for respondent No.7.

After going through the averments in the application, which remains uncontroverted, I am satisfied that sufficient cause is made out for condonation of delay of 237

caf.2210.15 2/2 days caused in filing the appeal. Hence, the delay caused is condoned subject to payment of costs of Rs.1,000/- to the respondent Nos.1 to 6.

First Appeal St. No.16366/2015 :- Heard the learned Counsel for the parties on merits of the matter.

ADMIT.

Shri Kashyap, the learned Counsel waives service of notice for respondent Nos.1 to 6 and Ms. Rane, the learned A.G.P. for respondent No.7.

Call for record and proceedings.

Civil Application [CAF] No.2776/2015 :

Entire amount has already been deposited in this Court.

In view of this, the interim order passed by this Court shall continue to operate pending the decision of the appeal.

The civil application stands disposed of.

JUDGE *sandesh