The Executive Engineer, Medium Project Division, Irrigation Colony, Nagpur v. Shriram Shravan Tijare And Others

caf196.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLIACTION NO.196/2018 IN F.A.ST.NO.21080/2017 Executive Engineer, Medium Project Division, Nagpur .vs. Shiriram Shravan Tijare and Ors.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. N. M. Gaidhane, Advocate for applicant.

Mr. I. Damle, A.G.P. for non applicant nos. 2 and 3. CORAM : V.M. DESHPANDE, J.

DATED : OCTOBER 17, 2018 1.

The applicant, feeling aggrieved by judgment and decree passed by learned 3rd Jt. Civil Judge Senior Division, Nagpur in Land acquisition Case No. 82/2004, dated 30.08.2013, preferred an appeal before this Court. However, there was a delay of 1003 days. Therefore, an application bearing Civil Application No.196/2018 for condonation of delay was filed. On 18.01.2018, notices were issued to the non applicant. It appears that the applicant did not furnish copy for issuance of notice to the non applicant no.1 Therefore, vide order dated 20.03.2018 Registrar (Judicial) dismissed the application as against non applicant no.1.

Today, when this application was placed before me for consideration, Mr. Gaidhane, learned counsel for the applicant, invited my attention to Pursis Stamp No.13118/2018 dated 21.09.2018, which is accompanied with written instructions from the

caf196.18.odt applicant to the counsel to withdraw the application as well as appeal. Mr. Damle, learned A.G.P. for non applicant nos. 2 and 3 has no objection for withdrawal. Consequently, in view of the statement made in the aforesaid pursis and oral submission of Mr.Gaidhane, learned counsel for the applicant, Civil Application No.196/2018 as well as First Appeal Stamp No. 21080/2017 are hereby disposed of as withdrawn. No costs.

JUDGE kahale