The Executive Engineer, Bembla Canal Division, Yavatmal v. Devaji Chintaman Gohane And Others

24-caf-1689-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1689 of 2021 IN FIRST APPEAL STAMP NO. 3478 OF 2021 The Executive Engineer, Bembla Canal Division Vs. Devaji Chintaman Gohane and Others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. T.M. Zaheer, Advocate for applicant / appellant Mr. A.B. Nakshane, Advocate for the respondents No.1 to 3 Ms. Shamsi Haider, AGP for the respondents No.4 and 5 CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 30 th AUGUST, 2021.

Heard learned counsel for the appellant.

2.

Issue notice to the respondents, returnable in six weeks.

3.

Mr. A.B. Nakshane, learned counsel waives notice for respondents No.1 to 3.

4.

Ms. Shamsi Haider, learned AGP waives notice for respondents No.4 and 5.

5.

Perused the application. Delay of 126 days for filing the instant application is sought to be condoned by the appellant.

6.

Considering the reasons, as stated in paragraphs No.4 and 5 of the application, delay of 126 days, caused in filing First Appeal is condoned. Appeal be registered.

24-caf-1689-2021.odt FIRST APPEAL STAMP NO. 3478 OF 2021 Issue notice to the respondents, returnable in six weeks.

2.

Mr. A.B. Nakshane, learned counsel waives notice for respondents No.1 to 3.

3.

Ms. Shamsi Haider, learned AGP waives notice for respondents No.4 and 5.

4.

Call record and proceedings.

CIVIL APPLICATION (CAF) NO. 1690 of 2021 Issue notice to the respondents, returnable in six weeks.

2.

Mr. A.B. Nakshane, learned counsel waives notice for respondents No.1 to 3.

3.

Ms. Shamsi Haider, learned AGP waives notice for respondents No.4 and 5.

4.

There shall be stay to the execution and operation of Award dated 16/07/2020, in Land Acquisition Case No. 06/2011, passed by the Reference Court, subject to the deposit of the entire decretal amount within 12 weeks. JUDGE MP Deshpande