The court allowed an application to condone a delay in filing a review petition and restored the underlying appeal. An interim stay order was confirmed pending the appeal's disposal after compensation deposit.
Delay condoned; appeal restored; interim stay confirmed.
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CAF 396 of 2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
CAF No. 396/2017 in FA ST. No. 17813/2016
[Executive Engineer, Lower Wardha Canal Division, Wardha, Dist. Wardha
V/s
Dilip Apparao Deshmukh and others.]
Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
Shri V.G. Palshikar, Advocate for Appellant. Shri S.B. Bissa, A.G.P. for Respondent Nos.2 and 3.
CORAM : S.B.SHUKRE, J. DATED : 12th JUNE, 2017.
Heard.
Learned Counsel Shri V.G. Palshikar for
appellant. Shri S.B. Bissa, Assistant Government Pleader for respondent No. 2 and 3.
Learned counsel for respondents has taken objection to this application No. 397/2017 for the reasons stated in the application, the application is allowed .
The delay is condoned. Appeal be restored.
Application is disposed of.
Issue notice to the respondent.
Shri S.B. Bissa, learned counsel for
respondent waives notice.
Shri S.B. Bissa, learned Assistant Govt.
Pleader waives notice for respondent Nos. 2 & 3.
CAF 396 of 2017.odt
First Appeal St. No. 17813/2016
Admit.
Call R and P.
C.A. No. 397/2017
Appeal is admitted. The applicant has deposited entire amount of compensation therefore interim stay granted by this court on 2.2.2017 is
hereby confirmed till final disposal of this appeal.
Stand over to 19/06/2017.
JUDGE
Nandurkar
1 issue framed by the court
Whether the application for condonation of delay and restoration of the appeal should be allowed.
Executive Engineer, Lower Wardha Canal Division, Wardha, Dist. Wardha
Dilip Apparao Deshmukh and others
S.B. Shukre
Nandurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
