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Bombay High CourtCAF/1926/2018admittedallwdgrantedrule absolute

The Executive Engineer, Bembla Project Division, Yavatmal v. Ambadas Ramchandra Dhote And Others

2019-09-26Hon'Ble Shri Justice Nitin W. Sambre2 pages

Order 269caf1926.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR C.A.F. NO.1926 OF 2018 IN F.A. ST.NO.20198 OF 2017 (The Executive Engineer, Bembla Project Division, Yavatmal .vs. Ambadas Ramchandra Dhote and Ors.)_ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Mr.P.B.Patil, Advocate for the appellant/applicant. Mr.A.S.Dhore, Advocate for respondent no.1.

Ms H.N.Jaipurkar, A.G.P. for respondent nos. 2 and 3.

CORAM

: N. W. SAMBRE, J.

DATE : 26.9.2019.

Heard Mr.A.S.Dhore, learned Counsel for respondent no.1.

According to him, delay of 129 days is not explained and that being so, the application is liable to be rejected.

Perused the cause cited which appears to be sufficient, the application stands allowed. Delay is condoned.

First Appeal St.No.20198 of 2017 Heard.

Issue notice returnable on 1.10.2019.

Mr.A.S.Dhore, learned Counsel waives service for respondent no.1. Ms H.N.Jaipurkar, learned Assistant Government Pleader waives service for respondent nos. 2

Order 269caf1926.18 and 3.

Mr.P.B.Patil, learned Counsel for the appellant/applicant has invited my attention to the Judgments delivered in First Appeal No.353 of 2015 on 14.2.2019 and F.A.No.349 of 2019 decided on 29.7.2019 so as to claim that the issue raised in the present appeal is covered to the extent of enhancement granted for the open plot.

At the request of respondent no.1, stand over to 1.10.2019 by way of last chance.

JUDGE jaiswal