V.I.D.C. Through Executive Engineer, Canal Division, Bembla Project, Yavatmal And Another v. Dilip Sadashivrao Khairkar And Others

caf1748.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.1748/2018 IN FIRST APPEAL STAMP NO.5271/2018 V.I.D.C. through the Executive Engineer, Canal Division, Bembla Project, Yavatmal and anr. ..vs.. Dilip Sadashivrao Khairkar and ors. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mrs. P. A. Chobe, Advocate for applicants.

Mr. I. Damle, A.G.P. for non applicant nos. 2 and 3. CORAM : V.M. DESHPANDE, J.

DATED : SEPTEMBER 26, 2018 This is an application filed by the applicant for leave to file appeal challenging judgment and award passed by learned 3rd Jt. Civil Judge Senior Division, Yavatmal in Land Acquisition Case No. 32/2012. In view of the law laid down by the Hon'ble Apex Court in Vidarbha Irrigation Development Corporation Vs. Santosh Janba Warghane and anr; reported in 2017 (4) Mh. L. J. 64, the application is allowed. Leave to file the appeal is granted. The application is disposed of.

Civil Application No.2080/2018 This is an application for condonation of delay in preferring the appeal. On 27.06.2018, notices on this application were issued to the non applicants. Office note shows that non applicant no.1-claimant is served, however, nobody appears for and on behalf of non applicant no.1. Mr. Damle, learned A.G.P. for non

caf1748.18.odt applicant nos. 2 and 3, has no objection for condonation of delay.

After hearing learned counsel for applicants and after perusal of the uncontroverted statements of facts on affidavit, I am of the view that the applicants have made out a case for condonation of delay. Hence, the application is allowed. Delay is hereby condoned. Registry is directed to register the appeal.

The application is disposed of.

First Appeal Stamp No.5271/2018 Heard learned counsel for the appellant.

ADMIT. Call for the record and proceedings.

Mr. Damle, learned A.G.P. waives notice for respondent nos. 2 and 3.

JUDGE kahale