V.I.D.C., Through Its Executive Engineer, Bembla Project Canal Division, Yavatmal And Others v. Uttam Lakshman Zod (Dead) Through Lrs. Smt. Kundabai Uttam Zod And Others

29 caf 1520-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1520/2023 IN FIRST APPEAL STAMP NO. 1742/2023 V.I.D.C., through its Executive Engineer, Bembla Project Canal Division, Yavatmal and others Vs.

Uttam Lakshman Zod (Dead) through L.Rs. Smt. Kundabai Utam Zod and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Ms Mallika Babhulkar Advocate h/f Shri M.A. Kadu, Advocate for appellants Shri S.V. Ingole, Advocate for respondent Nos. 1 A to 1D Ms T.H. Udeshi, AGP for respondent Nos. 2 & 3 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 17/08/2023 Issue notice to respondents, returnable within one week.

2.

Shri S.V. Ingole, learned Counsel waives notice for respondent Nos. 1A to 1D.

3.

Learned Assistant Government Pleader waives notice for respondent Nos. 2 and 3.

4.

Present application is filed for condonation of delay. There is delay of 237 days in filing first appeal. The delay is caused due to some administarial procedure to be complied with.

Jayashree..

29 caf 1520-2023.odt 5.

Though the application is opposed by respondent, the application is allowed for the reasons stated in application.

6.

The delay is hereby condoned.

7.

Registry is directed to register first appeal. 8.

Application stands disposed of.

CIVIL APPLICATION (CAF) NO. 1521/2023 Issue notice to respondents, returnable within one week.

2.

Shri S.V. Ingole, learned Counsel waives notice for respondent Nos. 1A to 1D.

3.

Learned Assistant Government Pleader waives notice for respondent Nos. 2 and 3.

4.

Learned Counsel for appellant makes a statement that the total decreetal amount shall be deposited within a period of eight weeks. In view of this statement, effect, execution and operation of impugned judgment and award is hereby stayed.

(SMT. M.S. JAWALKAR, J.) Jayashree..