Bombay High CourtCAF/3417/2018admittedallwdgrantedrule absolute

V.I.D.C. Through Executive Engineer, Canal Division Bembla Project, Yavatmal And Another v. Mr. Bandu Narayan Piprade And Others

2019-03-26Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1 933 caf3417.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3417 OF 2018 IN FIRST APPEAL STAMP NO. 3650 OF 2018 Vidarbha Irrigation Development Corporation, thr. its Executive Engineer, Canal Division Bembla Project, Yavatmal and another.

..VS..

Mr. Bandu Narayan Piprade and others.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.A. Kadu, counsel for the applicants/ appellants. Ms H.N. Jaipurkar, AGP for the non-applicant/respondent Nos. 2 and 3. CORAM : ARUN D. UPADHYE, J.

DATED : 26/03/2019 Heard learned counsel for the parties.

Perused the application. There is delay of 391 days in filing the appeal. For the reasons stated in the application, delay is condoned. Civil application is allowed. FIRST APPEAL STAMP NO. 3650/2018.

Heard.

Admit.

Call for record and proceedings.

Ms H.N. Jaipurkar, learned AGP waives service of notice for the respondent Nos. 2 and 3.

Appellants to file private paper book within six months.

2 933 caf3417.18 CIVIL APPLICATION (CAF) NO. 3418 OF 2018.

Heard learned counsel for the applicants/ appellants.

Learned counsel for the applicants/ appellants has submitted that amount of compensation has already 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 applicants/appellants, the impugned order dated 30/07/2016 passed by the 2nd Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No. 309/2013 is hereby stayed, until further order.

JUDGE rkn