V.I.D.C. Thr. Exe. Engineer, ... vs Smt. Laxmibai Madhukarrao ...
2021 Latest Caselaw 17559 Bom

                                               1              22-caf-114-2020.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 114 OF 2020 IN FIRST APPEAL STAMP
                     NO. 17105 OF 2019

    Vidarbha Irrigation Development Corporation and another Vs.
                    Laxmibai Shelokar and others
__________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions             Court's or Judge's orders.
and Registrar's Orders.

                   Mr. H.D. Marathe, Advocate for the applicants
                   Ms. Shamsi Haider, AGP for non-applicants No.2 & 3


                                   CORAM : V.M.DESHPANDE, J.

                                   DATE :      16th DECEMBER, 2021.


                                   This is an application for condonation of
                   delay in preferring the appeal.            The application is
                   moved          by   the   appellant - Vidarbha Irrigation
                   Development Corporation, who wishes to challenge
                   the judgment and decree passed by the learned Civil
                   Judge (Senior Division) Achalpur in Land Acquisition
                   Case No. 47/2010. The delay is of 478 days. Notices
                   on this application were issued. All the non-applicants
                   are served. Non-applicants No.2 and 3 are represented
                   by Ms. Shamsi Haider, learned Additional Government
                   Pleader.        Though the non-applicant No.1 is duly
                   served on this application, nobody is appearing on her
                   behalf. Thus, the statement made on oath in respect
                   of the application for condonation is delay has
                   remained uncontroverted.




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                                              2               22-caf-114-2020.odt

                   2.             After hearing the learned counsel Shri
                   Marathe for the applicants and after having perused
                   the application for condonation of delay, I am of the
                   view that the applicants have satisfactorily explained
                   the delay. Hence, I pass the following order.


                                                 ORDER

i. The application is allowed. ii. Delay stands condoned. iii. Office is directed to register the appeal.

3. The application is disposed of.

JUDGE

MP Deshpande