Bombay High CourtCAF/2283/2018admittedallwdgrantedrule absolute

V.I.D.C. Through Executive Engineer, Canal Division Bembla Project, Yavatmal And Another v. Wamanrao Yadaorao Dhote And Others

2018-07-30Hon'Ble Mrs. Justice Swapna Joshi2 pages

caf2283.18 35 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.2283/2018 IN FA ST. NO.3613/2018 VIDC, thr. Its Executive Engineer, Bembla Project Canal DivisIon, Yavatmal, District Yavatmal and anr ..vs..

Wamanrao Yadaorao Dhote and ors =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri M.A. Kadu, Counsel for the applicant.

Shri A.B. Nakshane, Counsel for non-applicant No.1/claimant. Mrs. A.R. Kulkarni, AGP for non-applicant Nos.2 & 3.

CORAM

: MRS.SWAPNA JOSHI, J.

DATE : JULY 30, 2018.

This is an application for condonation of delay of 210 days caused in filing the first appeal.

Heard learned counsel for the parties.

For the reasons stated therein, the application is allowed. Delay of 210 days caused in filing the appeal stands condoned. Office to registrar the first appeal. The civil application stands disposed of accordingly.

First Appeal No.............../2018 Heard.

ADMIT.

The record and proceedings be called.

Learned counsel Shri A.B. Nakshane waives service of ,,,,,2/-

caf2283.18 35 2/2 notice on behalf of respondent No.1/claimant and learned AGP Mrs. A.R. Kulkarni waives service on behalf of respondent Nos.2 and 3. CAF No.2284/2018 Heard.

Issue Notices to the non-applicants, returnable after 12 weeks.

Learned counsel Shri A.B. Nakshane waives service on behalf of non-applicant No.1/claimant and learned AGP Mrs. A.R. Kulkarni waives service on behalf of respondent Nos.2 and 3. Learned counsel Shri M.A. Kadu for the appellant submitted that within a period of 12 weeks from today, he will deposit 50% of the decretal amount of compensation before this Court. On the appellant depositing 50% of the decretal amount of compensation granted by the Reference Court before this Court within a period of 12 weeks from today, there shall be stay to the effect and operation of the impugned judgment and award dated 17.3.2017 passed by learned Joint Civil Judge Senior Division at Yavatmal in LAC No./162/2009.

JUDGE !! BRW 1!

,,,,,/-