Executive Engineer Minor Irrigation Division Washim v. Kashinath Narayan Katekar And Others

caf 303-17.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 303 OF 2017 IN FIRST APPEAL STAMP NO. 18494 OF 2016 (Executive Engineer, inor Irrigation Division, Wasim Vs. Kashinath Narayan Katekar & others.) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri. V. G. Palshikar , Advocate for Appellant. Shri. J. J. Chandurkar, Advocate for Respondent no.1. Shri. A. R. Chutke, AGP for Respondent nos.2 & 3.

CORAM

: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J.

DATE : 11 th JULY, 2017.

Heard learned Advocate for applicant and respondent no.1.

This is an application for condonation of delay of 312 days in preferring the First Appeal. The reason given in paragraph-2 of the application, the delay was caused on account of procedural formalities. Considering the cause given in the appeal and delay which is strongly objected by learned counsel for respondent no.1, only in the interest of justice, the application is allowed, however, subject to payment of costs of Rs.2,000/- to be deposited by appellant in the

caf 303-17.odt 2 Court for payment to respondent no.1, within three weeks from the date of this order. On failure of the applicant to do so, this application stands automatically dismissed without further reference to this Court. JUDGE RGIngole