Vidarbha Irrigation Devp. Corporation, Through Executive Engineer, Yavatmal Medium Project Division v. Jagan Rupsingh Jadhao And Others

mca903.18 29

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO.903/2018 IN CAF NO.457/2017 IN FA ST.NO.7663/2016 VIDC, thr. its Executive Engineer, Yavatmal Medium Project Division, District Yavatmal ..vs..

Jagan Rupsingh Jadhao and ors ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri Vinay Dahat, Counsel for the applicant.

Shri I.J. Damle, AGP for non-applicant Nos.7 & 8.

CORAM

: V.M. DESHPANDE, J.

DATED : AUGUST 28, 2018.

1.

The applicant/VIDC preferred an appeal before this Court challenging judgment and award dated 10.10.2012 passed by learned Civil Judge Senior Division, Darwha in LAC No.108/2005. The appeal was barred by limitation. Therefore, a civil application for condonation of delay was moved. On the said application, the Notices were issued. However, non-applicant No.3 Sau. Shilabai Rathod and No.5 Sau. Nirmala Rathod were not served for want of correct address. The other non-applicants were served. Since the aforesaid two ladies were not served, the application for condonation of delay and the appeal qua them, in the present application learned counsel Shri Vinay Dahat for the applicant/VIDC stated that Advocate Shri Tripathi for the other non-applicants .....2/-

mca903.18 29 intimated him that he has instructions to appear for and on behalf of non-applicant Nos.3 and 5.

2.

In view of the above, the present application is allowed and disposed of. The application for condonation of delay and the appeal dismissed against non-applicant Nos.3 and 5 are restored to file.

3.

Learned counsel Shri Vinay Dahat for the applicant/VIDC submits that the matter can be worked out in the Lok Adalat and, therefore, requested that the matter be placed before the Lok Adalat. Learned counsel Shri Tripathi for the non-applicants has no objection for the same.

4.

Hence, Registry is directed to place the matter before the Lok Adalat.

JUDGE !! BRW !!

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