Bombay High CourtCAO/658/2016ca disposed off

Vidarbha Irrigation Development Corporation, Through Executive Engineer, Bembla Project Division v. Chindhuji Pandurangji Nehare Dead, Through Lrs. Kishor Chindhuji Nehare And Others

2016-04-05Hon'Ble Shri Justice A.S. Chandurkar2 pages

1 5004cao658.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (O) NO.658 OF 2016 AND CIVIL APPLICATION (O) NO.659 OF 2016 IN FIRST APPEAL ST. NO.5011 OF 2014 VIDC YAVATMAL VS CHINDHUJI PANDURANJI NEHARE THROUGH LRS & ANOTHER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P. B. Patil Advocate with Shri A. S. Agrawal Advocate for the appellant.

Ms. Nivedita Mehta, Asstt. Govt. Pleader for respondent Nos.2 & 3. CORAM : A.S. CHANDURKAR, J.

DATED : APRIL 05, 2016.

Notice on both the applications made returnable forthwith.

Shri A. B. Nakshane, learned Counsel waives notice on behalf of respondent Nos.1-A to 1-C. Ms. N. P. Mehta learned Asstt. Government Pleader waives notice on behalf of the respondent Nos.2 & 3.

Considering the reasons mentioned in the applications, the same are allowed. The order dismissing the appeal against respondent Nos.1-A to 1-C is recalled after condoning the delay.

Both applications are allowed and disposed of. CIVIL APPLICATION (F) NO.865/2015.

Though prayer for condonation of delay is opposed by the learned Counsel for the respondent Nos.1-A to 1-C, considering the reasons mentioned in the application, the

2 5004cao658.16 delay stands condoned.

Civil application is allowed and disposed of. FIRST APPEAL ST. NO.5011/2014.

Heard.

Admit.

Call for R & P.

Shri A. B. Nakshane, learned Counsel waives notice for the respondent Nos.1-A to 1-C. Ms. N. P. Mehta, leanred Assistant Government Pleader waives notice on behalf of respondent Nos.2 & 3.

CIVIL APPLICATION (F) NO.866/2015.

On the applicant depositing the entire amount of compensation within a period of twelve weeks from today, the execution of the impugned award shall remain stayed during pendency of the appeal.

Civil application is allowed and disposed of. JUDGE /MULEY/