Vidarbha Irrigation Development Corporation, Through Its Executive Engineer, Khadakpurna Project v. Anantabhanudas Shigne And 2 Others

1 fa750.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.750/2014 V.I.D.C.

..Versus..

Ananta Bhanudas Shingne and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 19.1.2015 Heard Shri Anoop Parihar, the learned advocate for the appellant, Shri K.S. Narwade, the learned advocate for the respondent no.1 and Shri M.A. Kadu, the learned A.G.P. for the respondents 2 and 3.

Admit.

Shri Narwade, the learned advocate, waives notice for the respondent no.1.

Shri Kadu, the learned A.G.P., waives notice for the

2 fa750.14 respondents 2 and 3.

The private paper book shall be filed within six months from today, failing which the appeal shall stand dismissed without reference to Court.

C.A.F. NO.3405/2014.

The learned advocates for the respective parties submit that in the connected appeals arising out of the same order which is challenged in this appeal, this Court has permitted the respondent - owner to withdraw 50% of the amount deposited by the appellant on furnishing surety to the satisfaction of the Reference Court and balance 50% of the amount is to be withdrawn on filing an undertaking to the satisfaction of the Reference Court that in case the appeal is allowed, the respondent shall repay the amount withdrawn by him with interest as would be determined by the Court, within the stipulated time. The respondent no.1 is permitted to withdraw the amount in the above terms.

The civil application filed by the appellant praying for interim

3 fa750.14 order is not in consonance with the provisions of Order 41 Rule 5 of the Code of Civil Procedure. The appellant to deposit Rs.500/- with the Legal Aid Services Sub-Committee, High Court, Nagpur and produce the receipt on the record of the appeal till 6 th February, 2015, failing which the appeal shall stand dismissed without reference to the Court. C.A.F. NO.100/2015.

In view of the order passed on Civil Application No.3405/2014 no orders are required on this application.

JUDGE Tambaskar.