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Bombay High CourtCAF/794/2023ca disposed off

V.I.D.C., Through Executive Engineer, Irrigation Department, Amravati v. Shankarrao Balkrushnarao Tikhe And Others

2024-03-26Hon'Ble Shri Justice G. A. Sanap2 pages

2024:BHC-NAG:3651 1 37 caf 794.23.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CA F ) NO.

OF 202 IN FIRST APPEAL ST.

NO.

16501 OF 20 V.I.D.C. through its Executive Engineer, Amravati VS.

Shankarrao Balkrushnarao Tikhe and others _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms Ashwini Athalye, Advocate for appellant.

Mr. G.S. Umale, AGP for respondent Nos.3 and 4. CORAM :

G.A. SANAP, J.

DATE :

th MARCH, 2024.

This is an application for condonation of 117 days delay caused in filing the appeal against impugned judgment and decree dated 01.01.2023.

2.

Advocate for respondent No.1(a) to 1(c) and respondent No.2 is absent.

3.

The reasons have been stated in the application for seeking condonation of delay. It is stated that on account of administrative procedure, the delay has occurred. Respondents have not filed reply.

4.

On going through the application, I am satisfied that

2 37 caf 794.23.odt. the reasons are sufficient to make out the case for condonation of delay. As such, the application is allowed. Delay of 117 days caused in filing the appeal against impugned judgment and decree is condoned 2.

The appeal be registered.

3.

The application stands disposed of, accordingly. FIRST APPEAL ST. NO.

16501 OF 2022 4.

Heard.

5.

ADMIT.

6.

Issue notice to the respondents.

7.

Learned AGP waives service of notice on behalf of respondent Nos.3 and 4.

8.

Appellant shall furnish the copy of the appeal to the learned Advocates for the remaining respondents. 9.

Call record and proceedings.

10.

Paper book be filed within twelve weeks from the date of receipt of record and proceedings.

(G. A. SANAP, J.) manisha