The Executive Engineer, Minor Irrigation Division, Akola And Another v. Shyamrao Khubaji Rathod (Dead) Thr. Lrs. Smt. Purnabai Shyamrao Rathod And Others

30 cas1399.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAS) No. 1399/2018 In Second Appeal Stamp No.21947/2018 The Executive Engineer, M.I.D.C. Akola and other.

Versus

Shaymrao Khubaji Rathod (Dead) thr. LRS Smt Purnabai Shyamrao Rathod and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mrs. Haider, Assistant Government Pleader for the appellant.

CORAM : ANIL S. KILOR, J.

DATED : 17 NOVEMBER 2021 This is an application for condonation of delay. There is a delay of 257 days in filing the second appeal in the case of payment of mesne profit. The applicants are government instrumentalities. It is submitted by the learned Assistant Government Pleader that sufficient cause has been shown in the application explaining the cause of delay in filling the second appeal.

SKNair

30 cas1399.2018.odt 2.

This Court on 11th March, 2019, issued notice to the non-applicants and though the record shows that the non-applicants are served, today when the matter was called out, nobody appeared on behalf of the non-applicants nor reply is filed opposing the application.

3.

In that view of the matter, for the reasons stated in the application, the application is allowed. 4.

The delay caused in filing the Second Appeal is condoned.

5.

The application is disposed of accordingly.

[ANIL S. KILOR, J.] SKNair