Vidarbha Irrigation Development Corporation Thr. Exe. Eng. v. Radhabai Piraji Jadhav (Dead) Thr. Its Lrs Shshikala Vishwanath Mhatre And ANR

905 caf356.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 356 OF 2019 IN FIRST APPEAL NO. 297 OF 2014 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Minor Irrigation Division No.2, Chikhli, Tq. Chikhli, Dist. Buldhana. V/s Radhabai Piraji Jadhav (dead) through her LR's Shashikala Vishwanath Mhatre 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 P.B. Patil, counsel for the appellant.

Shri S.J. Kadu, AGP for the respondent No.2.

Shri S.Bhalerao, counsel h/f Shri N.B. Kalwaghe, counsel for the respondent Nos. 3 to 8.

CORAM: ARUN D. UPADHYE, J.

DATE: 29-03-2019.

Heard learned counsel for the parties.

Perused the application. It appears that as per order dated 09.01.2019 the appellant was directed to deposit decreetal amount in this Court within six weeks. Thereafter, the appellant has deposited 25% amount on 18.3.2019. I have also perused the impugned judgment and award.

Considering the submissions of respective sides, I am of the view that the appellant could be directed to deposit further 25% amount of compensation within twelve weeks.

The order passed by this Court on 09.01.2019 is modified. The impugned judgment and award is hereby stayed, until further orders.

JUDGE rkn