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Bombay High CourtCAF/2446/2018admittedallwdgrantedrule absolute

V. I. D. C. Through Its Executive Engineer, Project Construction Division, Yavatmal And Another v. Kashinath Bhujappa Zade And 2 Others

2019-04-30Hon'Ble Mrs. Justice Swapna Joshi3 pages

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 1829 OF 2018 IN FIRST APPEAL (ST) NO. 120 OF 2018 (V.I.D.C. & Anr. V/s Kashinath Bhujappa Zade & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. J. B. Kasat, Advocate for Appellants.

Mr. J. Y. Ghurde, AGP for Respondent Nos.2 & 3 - State. ------- CORAM : MRS. SWAPNA JOSHI, J.

DATE : APRIL 30, 2019.

P.C.

.

By this Application Appellants seek leave to file the Appeal against the Judgment and Award passed by the Civil Judge Senior Division, Yavatmal in Land Acquisition Case No. 197 of 2013 on 26th April 2016. 2.

Heard Mr. Kasat, the learned Counsel for Appellants.

3.

For the reasons mentioned in the Application, I am convinced that ground is made for grant of leave. As such, leave to file Appeal is granted. I have considered the grounds of challenge mentioned in the Appeal and I am satisfied that a case 1/3

for grant of leave is made out. Hence, leave is granted. Appeal be registered.

5.

Civil Application stands disposed of accordingly.

CIVIL APPLICATION NO. 2446 OF 2018 .

By this Application, Applicants seek condonation of delay in preferring the Appeal. 2.

Heard learned Counsel for both the sides. Perused the contents of the Application.

3.

For the reasons mentioned in the Application, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay. In view thereof, delay in preferring the present Appeal is condoned subject to payment of costs of Rs.500/-. The costs to be deposited with the High Court Bar Association, Nagpur.

5.

The Civil Application is allowed in terms of prayer clause therein and disposed of accordingly. FIRST APPEAL (ST) NO. 120 OF 2018 .

Heard.

2.

Admit.

3.

Call R & P.

2/3

Mr. Ghurde, the learned AGP waives service of notice on behalf of Respondent Nos.2 & 3 - State. (MRS. SWAPNA JOSHI, J.) 3/3