Bombay High CourtCAF/2050/2019admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Minor Irrigation Division, Washim v. Madhukar Shriram Fupare And Another

2019-05-04Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

0405caf2050.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.2050/2019 IN FIRST APPEAL ST. NO.998/2019 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Minor Irrigation Division, Tahsil & District - Washim ...Versus...

Madhukar Shriram Fupare and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.P. Mahalle, Counsel for applicant Shri A.B. Darekar, Counsel for respondent no.1 Shri Shamal J. Kadu, AGP for respondent no.2 CORAM : ARUN D. UPADHYE, J.

DATE : 04/05/2019 Heard.

Perused the application. There is a delay of 181 days caused in filing the first appeal.

Learned Counsel for the respondent no.1 and learned Assistant Government Pleader for the respondent no.2 have no objection for condoning the delay. For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed and disposed of accordingly. No order as to costs.

0405caf2050.19.odt FIRST APPEAL ST. NO.998/2019 Heard.

ADMIT.

Call for record and proceedings.

Learned Counsel Shri A.B. Darekar waives service of notice for the respondent no.1 and learned Assistant Government Pleader Shri Shamal J. Kadu waives service of notice for the respondent no.2.

CIVII APPLICATION (CAF) NO.2051/2019 The learned Counsel for the applicant has submitted that he will deposit the entire amount of compensation in this Court within twelve weeks. In view of the statement made on behalf of the applicant, permission to deposit the entire amount of compensation in this Court within twelve weeks is granted. The impugned judgment and award dated 13/9/2017 passed by the Civil Judge, Senior Division, Link Court, Mangrulpir in Land Acquisition Case No.449/2013 is hereby stayed until further orders.

JUDGE Wadkar, P.S.