Vidarbha Irrigation Development Corp. Thr. Executive Engineer, Minor Irrigation Division, Yavatmal v. Ramesh S/O Gobraya @ Gowardhan Rathod And Others

CAF 1799-17.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 23640 OF 2016.

IN CIVIL APPLICATION (CAF) NO.1799 OF 2017 IN FIRST APPEAL STAMP NO. 23636 OF 2016 (Vidarbha Irrigation Development Corporation, through its Executive Engineer, Minor Irrigation Division, Pusad Vs. Ramesh s/o Gobraya @ Gowardhan Rathod) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri. J. B. Kasat, Advocate for Appellant.

Shri. A. R.Chutke, AGP for Respondent nos.2 & 3.

CORAM

: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J.

DATE : 11 th JULY, 2017.

This is an application for condonation of delay of 89 days in preferring the appeal.

Learned counsel Shri. S. V. Ingole waives service of notice for respondent no.1 and submits that he has no objection to condone the delay.

In view thereof, for the reasons stated in paragraphs-2 and 3 of the application, as sufficient cause is made out, the delay is condoned and the application is allowed with no order as to costs.

Application is disposed of accordingly.

CAF 1799-17.odt 2 CIVIL APPLICATION (CAF) NO.1799 OF 2017 As the applicant is an acquiring body whose presence is necessary for deciding controversy involved in the appeal, the application is allowed. The applicant is granted leave to file appeal.

The application is disposed of.

FIRST APPEAL STAMP NO. 23636 OF 2016 Heard.

Admit Call record and proceedings.

Shri S. V. Ingole, learned counsel for respondent no.1 waives service of notice for respondent no.1. Shri A. R. Chutke, learned A.G.P. waives service of notice for respondent nos. 2 and 3.

Appellant to file private paper-book within six months after receipt of record and proceedings. JUDGE RGIngole