Bombay High CourtCAF/3461/2018admittedallwdgrantedrule absolute

V.I.D.C. Through Its Executive Engineer, Bembla Project Division, Yavatmal And Another v. Awadhoot Govindrao Umratkar And Others

2018-11-24Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2411caf3461.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3461/2018 IN FIRST APPEAL ST. NO.190/2018 Vidarbha Irrigation Development Corporation through its Executive Engineer, Bembla Project Division, Yavatmal, Tq. Dist. Yavatmal and another ...Versus...

Awadhoot Govindrao Umratkar 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 M.A. Kadu, Counsel for applicants Shri A.B. Nakshane, Counsel for non-applicant nos.1 and 2 Mrs. Geeta Tiwari, AGP for respondent nos.3 and 4 CORAM : ARUN D. UPADHYE, J.

DATE : 24/11/2018 Heard.

There is a delay of 805 days caused in filing the first appeal.

Having heard the learned Counsel for the applicants and having gone through the contents of the application, I find that sufficient cause is made out for condoning the delay. Hence, the delay caused is condoned. The civil application is allowed. The civil application stands disposed of.

FIRST APPEAL ST. NO.190/2018 Heard.

ADMIT.

2411caf3461.18.odt Call for record and proceedings.

Learned Counsel Shri A.B. Nakshane waives service of notice for the respondent nos.1 and 2 and learned Assistant Government Pleader Mrs. Geeta Tiwari waives service of notice for the respondent nos.3 and 4.

CIVIL APPLICATION (CAF) NO.3462/2018 Heard.

Issue notice to the non-applicants, returnable on 17/12/2018.

Learned Counsel Shri A.B. Nakshane waives service of notice for the non-applicant nos.1 and 2 and learned Assistant Government Pleader Mrs. Geeta Tiwari waives service of notice for the non-applicant nos.3 and 4.

Learned Counsel for the applicants states that the entire decretal amount would be deposited in this Court within twelve weeks.

Considering the statement made by the learned Counsel for the applicants, subject to depositing the entire decretal amount in this Court within twelve weeks, there shall be stay to the impugned judgment and award dated 29/9/2014 passed by the Joint Civil Judge, Senior Division, Yavatmal in Land Acquisition Case No.384/2005 until further orders. JUDGE Wadkar, P.S.