V. I. D. C. Through Its Executive Engineer, Khadakpurna Project, Buldhana v. Janikiram Shripat Shingne(Dead) Pundlik Jankiram Shingne (Dead) Thr. Lrs. Madhav Pundlikrao Shingne

(1) 7.fa.871.2015 + 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.871 OF 2015 Vidarbha Irrigation Development Corporation through its Executive Engineer, Khadakpurna Project, Dist. Buldhana Vs.

Himmatrao Baburao Shingne and others WITH MISC. CIVIL APPLICATION NO.94 OF 2023 IN FIRST APPEAL NO.229 OF 2015 Vidarbha irrigation Development Corporation through its Executive Engineer, Khadakpurna Project, Buldhana Vs.

Jankiram Shripat Shingne (deceased) Pundilik Jankiram Shingne (Deceased) through legal heirs 1.) Madhav Pundlikrao Shingne and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Abhijit Parihar, Advocate for appellant.

Mr. K. S. Narwade, Advocate for respondent No.1. Ms. T. Udeshi, AGP for respondent Nos.2 and 3 in both matters. Mr. R. N. Ghuge, Advocate for the respondent Nos.1a to 1d in MCA No.94/2023. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 24/01/2023 MISC. CIVIL APPLICATION NO.94 OF 2023 1.

By this application, appellant VIDC seeking restoration of the First Appeal No.229 of 2015 which was dismissed vide order dated 15.11.2022. 2.

The appeal was dismissed due to non-filing of the paper book. The learned Advocate for the appellant submitted that he will file paperbook within one week. 3.

The learned Advocate Mr.

Ghuge appearing for the respondents No.1(a) to 1(d) and

(2) 7.fa.871.2015 + 1 raised objection on the ground that after sufficient opportunity, paper-book is not filed by the appellant, hence application be rejected.

4.

Heard both the sides.

5.

Perused the application. Considering the restoration application is filed by the acquiring body and in view of well settled principle that liberal approach is to be taken and parties to be allowed to litigate on merits. Application is allowed.

6.

Appeal be restored at its original stage.

7.

Appellant to file paper-book within one week.

8.

The paper-book be filed in a legal size.

9.

Civil Application is disposed of.

10.

Appeals be placed on 7.2.2023.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 11:17