Bombay High CourtCAO/147/2025allowed

Kamlabai W/O Hanuman Izate v. Executive Engineer, Bembla Project Office, Yavatmal And Others

2025-07-23Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 31-CAO 147.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO. 147 OF 2025 AND M.C.A. (STAMP) NO. 3224 OF 2025 IN XOB (STAMP) NO. 18274 OF 2023 (D) IN FIRST APPEAL NO. 951 OF 2022 ( Kamlabai w/o Hanuman Izate vs. Executive Engineer and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Mr. P.R.Agrawal, Advocate for appellant.

Mr. M.A.Kadu, Advocate for respondent No.1 Mrs.Mukta Kavimandan, AGP for respondents No.2 and 3. CORAM :

ABHAY J. MANTRI, J.

ATE :

JULY 30, 2025 1) Learned counsel for the cross objector/respondent No.1 submitted that he has removed the office objection. 2) The applicant/cross objector have filed these applications (CAO No.147/2025 and MCA (St.) No.3224/2025) to condone the delay of 456 days caused in filing the revision, as well to set aside the order dated 17/10/2023 for refusal of the registration of cross objection, for non-removal of office objection, for which learned counsel for the appellant/original claimant has objected.

3) However, considering the fact that the cross objector has already removed the office objection as per the order of this Court and the first appeal filed by the appellant is pending, therefore, in my view, it would be proper to set aside the order passed by the Registrar(J), as well as condone the delay in filing

2 31-CAO 147.2025.odt the revision. Hence, both applications are allowed. The order dated 17/10/2023 passed by Registrar(J) is hereby quashed and set aside, as the cross objector has already removed the office objection.

4) The delay caused in filing the revision is hereby condoned.

5) Having considered the nature of the dispute, in my view, this case deserves to be referred to Mediation to resolve the dispute between the parties. Hence, with the consent of learned counsel for both parties, the matter is referred to the Mediation Centre to resolve the dispute between the parties. 6) The parties are directed to appear before the Mediation Centre on 12/08/2025, at 11.00 a.m. 7) List the matter after six weeks.

( ABHAY J. MANTRI, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 31/07/2025 12:30:40