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Bombay High CourtCAF/647/2024disposed off as a withdrawn

Executive Engineer, Kumbharkini Dam Division, Pusad Yavatmal v. Gunwant Pandurang Borchate And Others

2024-03-05Hon'Ble Shri Justice G. A. Sanap2 pages

caf2283.21.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) No.647 OF 2024 IN FIRST APPEAL ST. No.9190 OF 20 (Executive Engineer, Kumbharkini Dam Division Pusad, Tal Pusad & Distt. Yavatmal Vs. Gunwant Pandurang Borchate and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mrs. I.P. Kshisti, Advocate for the applicant. Mr. S.S. Hulke, AGP for respondent Nos.2 and 3. C ORAM : G.A. SANAP, J.

D ATE : 05 th MARCH, 2024.

1.

Learned Advocate for the applicants seeks leave to withdraw the application.

2.

Leave is granted.

3.

Application stands disposed of, as withdrawn. Pursis Stamp No.02/2024.

1.

By this Pursis, it is stated that due to administrative exigencies the Pursis in terms of order dated 3rd October, 2023 could not be filed.

2.

It is stated in the Pursis that the appellant after due deliberation have decided to exercise the option of plantation of trees. An undertaking is given in the Pursis that the plantation will be done in the forthcoming rainy season of 2024.

3.

It is apparent on the face of record that this option was not exercised within time. The difficulties

caf2283.21.odt 2/2 placed on record for not exercising the option cannot be brushed aside.

4.

In view of this, the undertaking given in this Pursis for plantation of trees is accepted.

5.

The condition has been complied with.

6.

Pursis is disposed of.

FIRST APPEAL ST. No.9190 OF 2020 1.

The appeal be registered.

(G.A. SANAP, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 08/03/2024 16:29:37