Exe. Engineer, Minor Irrigation ... vs Satish Arvind Tatte And Others
2021 Latest Caselaw 15099 Bom

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

     CIVIL APPLICATION (CAF) NO.1398/2021 IN FA ST.NO.9912/2020
    The Executive Engineer, Minor Irrigation Division, Amravati, Tahsil and
     District Amravati Now Executive Engineer, Amravati Medium Project
                               Division, Amravati
                                      ..vs..
                        Shri Satish Arvind Tatte and ors

...................................................................................................................................................................
Office Notes, Office Memoranda of Coram,
appearances, Court orders or directions                                                        Court's or Judge's Order
and Registrar's orders
...................................................................................................................................................................
                                 Shri Nikhil Waghmare, Counsel for the Applicant.
                                 Shri D.P.Dapurkar, Counsel for Non-applicant No.1.
                                 Ms T.H.Udeshi, AGP for Non-applicant Nos.2 & 3.

                                                           CORAM                    : V.M.DESHPANDE, J.
                                                           DATED                    : OCTOBER 20, 2021


                               1.                          Heard.
                               2.                          This is an application for condonation of delay
                               in filing a first appeal to challenge judgment and decree
                               dated 11.2.2020 passed by learned Joint Civil Judge Senior
                               Division, Amravati in Land Acquisition Case No.40/2011.
                               Delay is of 127 days.
                               3.                          On 26.7.2021, Notices on this application were
                               issued. In pursuance to said Notices, learned counsel Shri
                               D.P.Dapurkar filed his Vakalatnama for non-applicant No.1.
                               Learned Assistant Government Pleader Ms T.H.Udeshi is
                               representing                      non-applicant                        Nos.2              and            3/State                of
                               Maharashtra and the Special Land Acquisition Officer.
                               4.                          Though learned counsel Shri D.P.Dapurkar filed


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        his Vakalatnama, he chose not to remain present before the
        Court when this matter was called out. There is no request
        on his behalf for adjournment.
        5.                I have heard learned counsel Shri Nikhil
        Waghmare for the applicant and learned Additional Public
        Prosecutor Ms T.H.Udeshi for the State and the Special Land
        Acquisition Officer.        Also, gone through contents of this
        application. I am satisfied that the applicant has made out a
        case for condonation of delay.            Hence, I pass following
        order:
                                         ORDER

(1) The civil application is allowed. (2) Delay of 127 days in preferring the appeal stands condoned.

(3) Office is directed to register the appeal.

The civil application stands disposed of accordingly.

JUDGE !! BRW !!

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