Executive Engineer, Vidarbha Irrigation Development Corporation, Nagpur v. Shyamrao Bajaram Kumare And Others (Dead) (Abated)

2025:BHC-NAG:11536 1 12caf1163.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1163 OF 2019 IN FIRST APPEAL ST. NO.20597 OF 2018 [Executive Engineer, VIDC, Nagpur .vs. Shyamrao Bajaram Kumare 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. Khishti, Advocate for Applicant.

Ms. S.L. Telange, Advocate for Respondent No.1. Mr. M.A. Kadu, AGP for Respondent Nos.2 and 3. .............

CORAM : PRAVIN S. PATIL, J.

DATED : 06.11.2025 .

1.

By this application, the applicant is seeking the condonation of delay of 204 days caused in preferring the appeal before this court against the judgment and order dated 9.11.2017 passed by the learned Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No.34/2013.

2.

It is stated in the application that after receipt of certified copy the matter was referred by the department to obtain the opinion as to whether the appeal can be filed against the judgment and order of the reference court. There was a delay in getting the opinion. The appellant made solemn statement before this court that the entire decreetal amount will be deposited before this court within a period of four weeks. 3.

Hence, considering the statement made by the appellant and the fact that the averments made in the application are not controverted by any of the respondents, the delay of 204 days caused in preferring the appeal is hereby condoned. The application is disposed of.

2 12caf1163.19.odt 4.

The office is directed to restore the appeal and list the same accordingly.

(PRAVIN S. PATIL, J.) Gulande