V.I.D.C. Through Executive Engineer, Bembla Project, Awadhootwadi, Yavatmal And Another v. Shriram Champat Akhare And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.2864/2018 IN FA ST.NO.3211/2018 VIDC, thr. the Executive Engineer, Bembla Project Awadhootwadi, Yavatmal, District Yavatmal and anr ..vs..

Shriram Champat Akhare and ors ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri M.A. Kadu, Counsel for the applicants.

Shri I.J. Damle, AGP for non-applicant Nos.2 & 3.

CORAM

: V.M. DESHPANDE, J.

DATED : SEPTEMBER 28, 2018.

1.

This is an application for condonation of delay in preferring an appeal challenging judgment and award dated 8.9.2016 passed by learned 4th Joint Civil Judge Senior Division, Yavatmal in Land Acquisition Case No.216/2011. There was delay of 418 days.

Heard learned counsel Shri M.A. Kadu for the applicants.

3.

Though the application is coming for the first time, in view of Pursis, vide Stamp No.13553/2018, filed for withdrawal of the appeal itself, there is no need for issuance of Notice to nonapplicant No.1/claimant. Non-applicant Nos.2 and 3/State are represented by learned Assistant Government Pleader Shri I.J. Damle.

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4.

For the reasons stated in the application, the application is allowed. Delay is condoned. Office to register the first appeal. The civil application stands disposed of accordingly. FA ST.NO.3211/2018 1.

Heard learned counsel Shri M.A. Kadu for the appellants and learned Additional Public Prosecutor Shri I.J. Damle for respondent Nos.2 and 3/State.

By the present appeal, the appellants/Vidarbha Irrigation Development Corporation, thr. the Executive Engineer, Bembla Project, Yavatmal, District Yavatmal are challenging judgment and award dated 8.9.2016 passed by learned 4th Joint Civil Judge Senior Division, Yavatmal in Land Acquisition Case No.216/2011.

3.

When this matter was taken up for admission, learned counsel Shri M.A. Kadu for the appellants invited my attention to Pursis, vide Stamp No.13553/2018, filed for withdrawal of the appeal itself.

4.

Consequently, the first appeal is disposed of as withdrawn.

5.

The appellants have deposited entire decretal amount before the Reference Court. Respondent No.1/claimant will be entitled to withdraw the decretal amount. CAF No.2865/2018 1.

Since the first appeal is disposed of as withdrawn, .....3/-

no orders are necessary on this application.

The civil application is disposed of as infructuous. JUDGE !! BRW !!

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