Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Nimna Painganga Division, Yavatmal v. Kalanbi Rahemankhan Pathan And Others

caf.1364.20 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.1364 of 2020 in First Appeal St. No.5722 of 2020 Vidarbha Irrigation Development Corporation vs.

Kalanbi Rahemankhan Pathan & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri J.J. Chandurkar, Advocate for the Applicant/Appellant Mrs. M.A. Barabde, A.G.P. for Respondent Nos.3 & 4.

CORAM

: S.M. MODAK, J.

DATE : 6 th NOVEMBER, 2020.

Hearing was conducted through Video Conferencing and the learned Advocates agreed that the audio and visual quality was proper.

Heard the learned Advocate for the appellant.

The reference Court i.e. Joint Civil Judge (Senior Division), Yavatmal has enhanced the rate of compensation. The appellant is being aggrieved by the said decision. There is a delay in filing the appeal. Hence, this application.

Hence, issue notice to the respondents, returnable after six weeks.

The learned A.G.P. Mrs. M.A. Barabde waives notice for respondent Nos.3 & 4.

caf.1364.20 2/2 Civil Application [CAF] No.1365/2020:

Heard the learned Advocate for the applicant/appellant.

It is contended that the appellant has deposited principal amount of compensation before the reference Court and undertakes to deposit the remaining amount before this Court.

Hence, stay is granted to the execution of the impugned judgment subject to depositing of the remaining amount in this Court within a period of three months from today.

Respondent Nos.1 & 2 are at liberty to file an application for withdrawal and it will be considered on merits.

The application is disposed of.

JUDGE *sandesh by Sandesh Waghmare Date: 2020.11.07 17:18:07 +0530 Sandesh Waghmare