V.I.D.C. Through Its Executive Engineer Local Sector, Minor Irrigation Division Akola v. Gulam Mohammad Sabir (Dead) Thr. Lrs. Amena Tabassum Wd/O Mohd. Sabir And Others
2024:BHC-NAG:4728 1 4 cao342.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION (CAO) NO. 342 OF 2024 IN MISC. CIVIL APPLICATION ST. NO. 2081 OF 2024 IN FIRST APPEAL ST. NO. 17634 OF 2022 V.I.D.C., THRU. ITS EXE.ENGR., AKOLA IRRIGATION DIVN., AKOLA
VERSUS
GULAM MOHAMMAD SABIR (Dead), THRU. LRS AMENA TABASSUM AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Ms. A. S. Athalye, Advocate for the appellant Mr. Saurabh C. Joshi, A.G.P. for respondent no.2/State CORAM : G. A. SANAP, J.
DATE : APRIL 24, 2024.
1.
Heard learned advocate for the applicant.
2.
This is an application for condonation of 385 days delay caused in filing application for setting aside dismissal order and restoration of appeal.
3.
It is stated that the appellant-acquiring body, after filing of the appeal, could not provide the required Court Fee within time. The appeal was filed with deficit Court Fee. Therefore, the appeal was under office objection. It is stated that for non-payment of deficit Court Fee, the appeal has been dismissed.
4.
On perusal of the application and the record, it is seen that the reasons stated are sufficient to condone the delay. As such, the delay of 385 days caused in filing application for setting aside dismissal order and restoration of appeal, is
2 4 cao342.24.odt condoned.
5.
MCA stamp be registered.
6.
The application is allowed and disposed of.
Misc. Civil Application St. No. 2081 of 2024 1.
Heard the learned advocate for the applicant. 2.
This is an application for setting aside the dismissal order dated 20.12.2022 and restoration of appeal. 3.
In view of the reasons stated in the application, the application is allowed. The dismissal order is set aside. The appeal be restored to file to its original number. 4.
Office objection/s be removed within two weeks. 5.
The MCA is disposed of.
Civil Application (CAF) St. No. 17640 of 2022 (stay) 1.
Heard learned advocate for the applicant.
2.
This is an application for grant of stay.
3.
Subject to the appellant depositing the entire decretal amount with accrued interest in this Court, within twelve weeks from today, there shall be stay to the execution of the judgment and award dated 14.01.2022, passed by the learned 3rd Civil Judge, Senior Division, Akola in L.A.C. No. 05/2015, during pendency of the appeal.
( G. A. SANAP, J. ) Diwale
3 4 cao342.24.odt Signed by: DIWALE Designation: PS To Honourable Judge Date: 25/04/2024 18:46:54