Bombay High CourtCAF/2974/2018admittedallwdgrantedrule absolute

V.I.D.C. Through The Executive Engineer, Bembla Project, Awadhootwadi, Yavatmal And Another v. Sheelabai W/O Sheshmalji Tated And Others

2019-01-30Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

930caf2974.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 2974/2018 IN FIRST APPEAL STAMP NO. 1277/2018 V.I.D.C., through its Executive Engineer, Bembla Project Division, Yavatmal, Tq. and District Yavatmal and another.

Vs.

Sheelabai w/o Sheshmalji Tated 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 applicant/appellant. Shri S.D.Sirpurkar, AGP for the non-applicant/respondent Nos. 2 and 3. CORAM: ARUN D. UPADHYE , J.

DATE: 30-01-2019.

Heard Shri M.A. Kadu, learned counsel for the applicant / appellant and Shri S.D. Sirpurkar, learned AGP for the non-applicant/ respondent Nos. 2 and 3. None appears for the non-applicant / respondent No. 1, though served.

Perused the application. There is delay of 259 days in filing the first appeal.

For the reasons stated in the application, delay is condoned and application is allowed.

FIRST APPEAL STAMP NO. 1277/2018.

Heard.

Admit.

Call for record and proceedings.

Appellant (s) to file private paper book within six months.

930caf2974.18.odt 2 Shri S.D. Sirpurkar, learned AGP waives service of notice for the respondent Nos. 2 and 3.

CIVIL APPLICATION (CAF) NO. 2975/2018 Heard learned counsel for the applicant/ appellant.

Shri M.A. Kadu, learned counsel for the applicant /appellant has submitted that the entire amount of compensation has been deposited in this Court and prays that the execution of impugned order be stayed. In view of the statement made by the learned counsel for the applicant/appellant, the impugned judgment and award dated 08/11/2016 passed by the 3rd Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No. 242/2007 is hereby stayed, until further order.

Civil application is allowed.

JUDGE rkn