V.I.D.C., Minor Irrigation Division No.3, Washim v. Vishwanath S/O. Malhari Khodke And Others

37caf670.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 670/2023 IN FIRST APPEAL ST NO. 152/2023 V.I.D.C., Minor Irrigation Division No.3, Washim Vs Vishwanath S/O. Malhari Khodke And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms U.A. Patil, advocate for the appellant/applicant. Mr M.A. Kadu, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 09/03/ 3.

1.

This is application for condonation of delay of 218 days in preferring the appeal.

2.

Issue notice to the respondents..

3.

Mr M.A. Kadu, learned AGP waives service of notice on behalf of respondent Nos. 2 and 3.

4.

The appellant is permitted to serve the respondent No.1 by all modes of service.

Civil Application (CAF) No. 671/2023 1.

By this application, the appellant is seeking stay to the effect, operation and execution of the impugned judgment and decree passed by the Civil Judge, Senior Division, Mehkar in Land Acquisition Case No. 2/2020, dated 17/01/2022.

rkn

37caf670.2023.odt 2.

Learned advocate for the appellant, Ms U.A. Patil submitted that entire amount of compensation along with accrued interest has already been deposited before the reference Court. 3.

As the amount has already been deposited before the reference Court, the operation and execution of judgment and award passed in LAC No. 2/2020, dated 17/01/2022 passed by the Civil Judge, Senior Division, Mehkar dated 17/01/2022 be stayed, till final disposal of the appeal. Civil Application (CAF) No. 671/2023 is disposed of. Place the matter before the Court after service of respondent No.1.

JUDGE Signed By:RAJESH K NANDURKAR rkn