← Library
Bombay High CourtCAF/1861/2019delay condonatedrejected

Executive Engineer V.I.D.C. Nagpur Division, Yavatmal v. Gajanan Knathuji Kachre (Dead) Thr. Lrs. Gitabai Gajanan Kachre And Others

2023-08-19Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 14 CAF 1861-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL ST. NO.20578/2018 Executive Engineer, V.I.D.C., Nagpur, Division, Yavatmal Vs.

Gajanan Knathuji Kachare (dead) thr. LR's Gitabai Gajanan Kachre and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms I.P. Khisti, Advocate for appellant Shri M.A. Kadu, AGP for respondent Nos.4 and 5 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

19/08/ In spite of service, none appears for respondents. There is an affidavit by which it is informed that respondent Nos.1-B died issueless. Respondent No.3 also died. The respondent No.3 was having one son by name Bala Gulab Kachre. He is already on record as respondent No.2. As such, permission is granted to delete the name of respondent No.1-B and respondent No.3. None for the respondent Nos.1-A, 1-C and 2.

C IVIL APPLICATION (CAF) NO.1861/2019 1.

The present application is filed for condonation of delay in filing First Appeal. There is delay of 201 days in filing First Appeal.

2.

For the reasons stated in paragraph Nos.4 and 5, I am satisfied that there is no intentional or deliberate delay, as delay has been caused due to some administerial procedure to be complied with.

2 14 CAF 1861-2019 Hence application is allowed. As such, delay in filing First Appeal is hereby condoned.

3.

The Registry is directed to register the First Appeal.

4.

The application stands disposed of.

JUDGE R.S. Sahare