V. I. D. C. Through Its Executive Engineer, Bembla Project Division, Yavatmal And Another v. Dnyaneshwarao Narayanrao Kawalkar (Dead) Through Lrs. Smt. Muktabai Dyaneshwar Kawalkar And Others

921-b caf3011.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 3011 OF 2018 IN FIRST APPEAL STAMP NO. 220 OF 2018 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Bembla Project Division, Yavatmal, Tq. and Dist. Yavatmal and another. V/s Dnyaneshwarao Narayanrao Kawalkar (dead) through LR's Smt. Muktabai Dyaneshwar Kawalkar and others.

--------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------------- Shri M.A. Kadu, counsel for the appellants.

Shri A.B. Nakshane, counsel for the respondent Nos. 1-A, 2-A to 2-C and 3. Ms H.N. Jaipurkar, AGP for the respondent Nos. 4 and 5. CORAM: ARUN D. UPADHYE, J.

DATE: 20-03-2019.

Heard learned counsel for the parties.

Perused the application. There is delay of 362 days in filing the appeal. For the reasons stated in the application, delay is condoned. Civil application is allowed.

FIRST APPEAL STAMP NO. 220 / 2018.

Heard.

Admit.

Call for record and proceedings.

Shri A.B. Nakshane, learned counsel waives notice for the respondent Nos. 1-A, 2-A to 2-C and 3.

921-b caf3011.18.odt Ms H.N. Jaipurkar, learned AGP waives notice for the respondent Nos. 4 and 5.

The appellants to file private paper-book within six months.

CIVIL APPLICATION (CAF) NO. 3012 OF 2018.

Heard learned counsel for the appellant.

Learned counsel for the appellant has submitted that entire amount of compensation is already deposited in this Court.

In view of the statement made by the learned counsel for the appellant, the impugned judgment and award dated 03/08/2016 passed by the 4th Joint Civil Judge, Senior Division, Yavatmal in Land Acquisition Case No. 253/2007 is hereby stayed, until further orders. JUDGE rkn