Bombay High CourtCAF/303/2018dispossed offdismiss for default

Executive Engineer, Bembla Project, Yavatmal v. Raju Wasudeo Waghmare And Others

2019-02-27Hon'Ble Shri Justice A.S. Chandurkar2 pages

CAF302-18 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO. 302/2018 IN FIRST APPEAL STAMP NO. 5138/2017 (THE EXE. ENGR. BEMBLA PROJECT YAVATMAL VERSUS RAJU WASUDEO WAGHMARE & 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 applicant.

Mrs. H.N. Prabhu, A.G.P. For NA-2 & 3.

CORAM : A.S. CHANDURKAR, J.

DATE : FEBRUARY 27 , 2019.

Prayer is to condone delay in filing the appeal. The reasons for the cause of delay are mentioned in paragraphs 4 to 6 of the application. The claimant has not chosen to contest the aforesaid prayer.

Hence, accepting the reasons stated in the application, the delay in filing the appeal stands condoned. Civil application is allowed and disposed of.

F.A. ST. NO. 5138/2017.

As this Court has adjudicated the rate of compensation in the judgment in First Appeal St. No.189 of 2018 (VIDC & Another Versus Vasant Nanaji Patre & Others) dated 19.12.2018, issue notice for final disposal of the appeal returnable on 15.04.2019.

Learned Assistant Government Pleader waives notice on behalf of respondent nos.2 and 3.

CAF302-18 C.A.F. NO. 303/2018.

In the light of a communication dated 10.10.2018 in which it is stated that compensation at the rate of Rs.750/- per square meter as well as compensation enhanced to the extent of 25% for the constructed portion has been deposited with the Reference Court, the execution of the impugned award shall remain stayed during pendency of the appeal.

Civil application stands disposed of.

JUDGE APTE