Bombay High CourtCAF/3118/2018admittedallwdgrantedrule absolute

Executive Engineer, Lonwadi Laghupatbandhare Vibhag (Now Buldana Irrigation Division) Buldana v. Narsingh S/O Mansaram Chavan (Dead) Thr. Lrs. Banabai Narsing Chavan And Others

2018-10-19Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1910caf3118.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3118/2018 IN FIRST APPEAL ST. NO.1424/2017 Executive Engineer, Lonwadi Laghupatbandhare Vibhag (now Buldana Irrigation Division), Buldana, Tq. And Dist. Buldana ...Versus...

Narsingh s/o Mansaram Chavan (Dead) through Legal Representative Banabai Narsing Chavan and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Vinay Dahat, Counsel for applicant Mrs. A.R. Kulkarni, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 19/10/2018 Heard learned Counsel for the applicant and learned Assistant Government Pleader for the respondent nos.2 and 3. Though served, none appears for the legal representatives of the respondent no.1.

The learned Counsel for the applicant has submitted that he has received the cheque of decretal amount and he will deposit the same within one week. Hence, the civil application is allowed. The delay in depositing the amount is condoned and the applicant is permitted to deposit the decretal amount within a period of one week.

1910caf3118.18.odt CIVIL APPLICATION (CAF) NO.3462/2017 Heard learned Counsel for the applicant and learned Assistant Government Pleader for the respondent nos.2 and 3. Though served, none appears for the legal representatives of the respondent no.1.

There is a delay of 281 days in filing the first appeal.

Having heard the learned Counsel for the applicant and having gone through the contents of the application, I find that sufficient cause is made out for condoning the delay. Hence, the delay in filing the first appeal is condoned. The civil application is allowed. FIRST APPEAL ST. NO.1424/2017 Heard learned Counsel for the appellant and learned Assistant Government Pleader for the respondent nos.2 and 3. Though served, none appears for the legal representatives of the respondent no.1.

ADMIT.

Learned Assistant Government Pleader Mrs. A.R. Kulkarni waives service of notice for the respondent nos.2 and 3.

JUDGE Wadkar, P.S.