Vidarbha Irrigation Devp. Corporation, Thro. Executive Engineer, Arunavati Project Division, Digras v. Shrikant Wasudeo Kaller And Others

1906 CAF 591-2016 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F. No. 591/2016 IN FIRST APPEAL ST. No. 25068/2015 V.I.D.C. THROUGH ITS EXE. ENGINEER, ARUNAVATI PROJECT DIVISION, DIGRAS -vsSHRIKANT WASUDEO KALLER 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 J.B. Kasat, counsel for applicant.

Shri M.A. Kadu, AGP for respondent nos.2 and 3. CORAM : DR S.S.PHANSALKAR-JOSHI, J.

DATE : JUNE 19, 2017 Heard learned counsel for applicant.

As applicant is acquiring body, it's presence is necessary in the matter.

Application is allowed and leave is granted to the applicant to file the appeal.

C.

A.F. No. 21 /2016 .

Heard learned counsel for applicant.

Though the delay is of substantial period of 1233 days, for the reasons stated in para no.3 of the application, as the sufficient cause is made out and as respondent no.1, the contesting defendant has remained absent though duly served with notice and as the applicant has deposited entire decreetal amount in the Court, in the interest of substantial cause of justice, the delay is condoned with no order as to costs.

Application is allowed and finally disposed of.

1906 CAF 591-2016 2/2 F IRST APPEAL ST. No. 250 /2015 , Heard.

ADMIT.

Call for Record and Proceedings.

Learned AGP waives service of notice on respondent nos.2 and 3.

Appellant to file private paper book within six months after receipt of Record and Proceedings. JUDGE Yenurkar