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Bombay High CourtCAF/518/2017admittedallwdgrantedrule absolute

Executive Engineer, Nimna Wardha Prakalp, Wardha v. Sudhakar Punjabrao Bhange And Others

2017-07-26Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

2607 CAF 518-2017 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F. No. 518/2017 IN FIRST APPEAL ST. No. 23873/2016 (EXE. ENGINEER, MINOR IRRIGATION DEPARTMENT, DISTT. WARDHA -Vs- SUDHAKAR PUNJABRAO BHANGE AND OTHERS) ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri B.N. Jaipurkar, counsel for applicant.

Shri C.R. Najbile, counsel for respondent nos.1 to 3. Shri M.A. Kadu, AGP for respondent nos.4 and 5. CORAM: DR. SMT. SHALINI PHANSALKAR-JOSHI, J.

DATE : JULY 26, 2017.

Heard learned counsel for applicant and learned counsel for respondent nos.1 to 3 Shri Najbile. At the outset, he himself points out, in the clause title, surname of the respondent is mentioned as 'Bhange' though in the judgment and in the proceeding of the reference court, it was corrected as 'Bhoge'. Learned counsel for applicant, therefore seeks permission to correct the surname in this application and memo of appeal also. Permission is granted.

Applicant to carry out such correction forthwith.

Learned counsel for respondent nos.1 to 3 submits that he has no objection to condone the delay. Hence, for the reasons stated in para nos.2 to 4 of the application, as sufficient cause is made out, the delay is condoned.

Application is allowed and disposed of, with no order as to costs.

2607 CAF 518-2017 2/2 FIRST APPEAL ST. No. 23873/2016.

Heard.

ADMIT.

Call for R and P.

Appellant to file private paper book within six months after receipt of R and P.

Notice to respondent nos.1 to 3 is waived by learned counsel Shri Najbile, whereas for respondent nos.4 and 5 by learned AGP.

C.A.F. No. 519/2017.

As it is submitted that entire amount of compensation is deposited, ad-interim stay granted earlier is continued till decision of appeal. Application is disposed of accordingly.

JUDGE Yenurkar