Executive Engineer, Minor Canal ... vs Ranba S/O Kacharu Alias Pandhari ...
2023 Latest Caselaw 10921 Bom

2023:BHC-NAG:15518


                                                       1                                    43.CAO.283-2021.odt




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

                       CIVIL APPLICATION (CAO) NO. 283 OF 2021
                                           IN
                MISC. CIVIL APPLICATION (REVIEW) (ST) NO. 6403 OF 2020
                                           IN
                             FIRST APPEAL NO. 90 OF 2009(D)
                       ( Ranba s/o Kacharu alias Pandhari Dorate & Anr.
                                              Vs.
                 The State of Maharashtra, Thr. The Collector Yavatmal & Ors. )

         Office Notes, Office Memoranda                      Court's or Judge's orders
         of Coram, Appearances, Court's
         orders     or    directions and
         Registrar's orders


                                 Mr. S.U. Nemade, Advocate a/w Mr. S.S. Nemade, Advocate for the
                                 Applicants/Appellants.
                                 Mr. B.M. Lonare, AGP for the Respondent Nos. 1 & 2/State.
                                 Mr. A.M. Kukday, Advocate for the Non-applicant/Respondent No.3.




                                 CORAM:       AVINASH G. GHAROTE, J.

DATED : 20th OCTOBER, 2023

Civil Application (CAO) No. 283/2021 is for condonation of delay of 239 days in filing a review of the judgment dated 04.10.2019. Considering the reasons given therein the same is condoned. The application is allowed.

2. Misc. Civil Application (Review) Stamp No. 6403/2020 seeks review of the judgment dated 04.10.2019 passed in First Appeal No. 90/2009. Though it contended, that the number of trees are only 50 as per the Form E, however since the joint measurement report indicates existence of 100 orange trees and the JMR has not been disputed by the applicants, I do not see any ground made out 2 43.CAO.283-2021.odt

for review.

3. The Application is therefore rejected. No costs.

(AVINASH G. GHAROTE, J.)

SD. Bhimte

Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 21/10/2023 16:48:32