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Bombay High CourtCAF/3602/2018admittedallwdgrantedrule absolute

V.I.D.C. Through Its Executive Engineer, Bembla Project Division, Yavatmal And Another v. Sau. Rajni Kamalprasad Rekwar And Others

2018-12-07Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

0712caf3602.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3602/2018 IN FIRST APPEAL ST. NO.5545/2018 Vidarbha Irrigation Development Corporation through its Executive Engineer, Yavatmal and another ...Versus...

Sau. Rajni Kamalprasad Rekwar 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 applicants CORAM : ARUN D. UPADHYE, J.

DATE : 07/12/2018 Issue notice to the respondents.

Learned Counsel Shri A.B. Nakshane waives service of notice for the respondent nos.1 and 2 and learned Assistant Government Pleader Mrs. Geeta Tiwari waives service of notice for the respondent nos.3 and 4. Heard.

There is a delay of 122 days caused in filing the first appeal.

Having heard the learned Counsel for the parties and having gone through the contents of the application, I find that sufficient cause is made out for condoning the delay. Hence, the delay caused is condoned. The civil application is allowed.

0712caf3602.18.odt FIRST APPEAL ST. NO.5545/2018 Heard.

ADMIT.

Call for record and proceedings.

Learned Counsel Shri A.B. Nakshane waives service of notice for the respondent nos.1 and 2 and learned Assistant Government Pleader Mrs. Geeta Tiwari waives service of notice for the respondent nos.3 and 4. Private paper-book be filed within six months. CIVIL APPLICATION (CAF) NO.3603/2018 Heard.

The learned Counsel for the applicants has submitted that a decretal amount would be deposited within twelve weeks from today.

Subject to depositing the decretal amount within twelve weeks from today, the impugned judgment and award dated 20/4/2017 passed by the Civil Judge, Senior Division, Yavatmal in Land Acquisition Case No.321/2007 is stayed until further orders.

JUDGE Wadkar, P.S.