Vidarbha Irrigation Development Corp. Through Its Executive Engineer, Minor Irrigation Div., Wardha v. Haridas Tulshiram Chafle And Others

1 33-CAO No. 272.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 272 OF 2023 IN MISC. CIVIL APPLICATION (ST.) NO. 3648 OF 2023 IN FIRST APPEAL (ST.) NO. 27162 OF 2017 IN REJECTED CASE NO. 216 OF 2018 Vidarbha Irrigation Development Corporation, Minor Irrigation Division, Wardha ..VS..

Rajaram S/o Tulshiram Chafle 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. S.K. Bhoyar, Advocate for applicant.

Ms. Shamsi Haider, A.G.P. for non-applicant Nos.2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : FEBRUARY 27, 2023 CIVIL APPLICATION (CAO) NO. 272 OF 2023 By this application, the applicant/appellant is seeking condonation of delay which is caused in preferring Misc. Civil Application for restoration of the Appeal.

2.

As per the contention of the learned counsel for the applicant is that Appeal was preferred against the Judgment and Award passed by the Joint Civil Judge, Senior Division, Wardha in L.A.C. No. 14 of 2011, however, office have raised some objections and conditional order was passed by the Registrar (Judicial) that office objection to be removed within 14 days. On non removal of the office objection, registration of the

2 33-CAO No. 272.2023 instant appeal was refused by the Registrar (Judicial) by passing order on 13.02.2018. Inadvertently the said order was not noticed by the learned counsel and therefore, delay of 1092 days is caused for filing the restoration application. It is submitted that delay is not intentional one. Due to the inadvertently mistake of the counsel, litigant should not suffer.

3.

Learned A.G.P. has no objection for condonation of delay.

4.

In view of the reasons mentioned in the application as the learned counsel has not noticed the order passed by the Registrar (Judicial) therefore, the delay of 1092 days is caused. The reasons mentioned in the application is justifiable one. In view of that, the delay of 1092 days is condoned.

The Civil Application No. 272 of 2023 is disposed of.

MISC. CIVIL APPLICATION (ST.) NO. 3648 OF 2023 On removal of the office objections within a period of two weeks, the First Appeal be restored at its original stage of registration.

The Misc. Civil Application is disposed of.

(URMILA JOSHI-PHALKE, J.) BHIMRAO JANARDHAN 10:18 Kirtak