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Bombay High CourtCAF/262/2021ca disposed off

Vidarbha Irrigation Development Corp., Thr. Exe. Engineer, Bembla Project Canal Division, Yavatmal v. Shri Gokul Purushottam Kariya And Others

2022-11-22Hon'Ble Shri Justice Avinash G. Gharote2 pages

41. CAF 261 of 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.261/2021 IN FIRST APPEAL ST. NO.1067/2021 Vidarbha Irrigation Development Corporation through the Executive Engineer, Bembla Project Canal Division, Yavatmal ...Versus...

Shri Gokul Purushottam Kariya and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri A.J. Gohokar, Advocate for applicant Ms Achala Kashikar, Advocate h/f Shri P.M.Pande, Advocate for respondent nos.1 to 3 Mrs. Mayuri Deshmukh, AGP for respondent nos.4 and 5 CORAM : AVINASH G. GHAROTE, J.

DATE : 22/11/2022 1.

The civil application seeks condonation of delay of 354 days in filing the first appeal, challenging the judgment of the Reference Court.

2.

Learned Assistant Government Pleader for the respondent nos.4 and 5 has no objection. Though learned counsel appearing for the respondent nos.1 to 3 vehemently objects, considering the reasons given and accepting them, the delay in filing the first appeal is condoned. The civil application is allowed. Office to register the appeal.

41. CAF 261 of 2021.odt FIRST APPEAL ST. NO.1067/2021 1.

ADMIT.

2.

Advocate Ms Kashikar holding for Advocate Shri P.M. Pande waives service of notice for the respondent nos.1 to 3 on merits. Learned Assistant Government Pleader Mrs. Deshmukh waives service of notice for the respondent nos.4 and 5 on merits.

3.

Call record and proceedings.

4.

The appellant to file a private paper-book within a period of two weeks from today.

CIVIL APPLICATION (CAF) NO.262/2021 1.

Heard.

2.

The civil application is allowed subject to the condition of entire amount of compensation being deposited in this Court within a period of two weeks from today. (AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR