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Bombay High CourtCAF/2570/2016ca disposed off

The Executive Engineer, Nagpur Irrigation Division (North), Vidarbha Irrigation Devp. Corp., Nagpur v. Manikrao Uttamrao Sawde And Another

2017-06-15Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

CAF 2570 of 2016 .odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. No. 2570/2016 in F.A. St. No. 6569/2016 [V.I.D.C., Through its Executive Engineer, Nagpur Irrigation (Div.) (North) V/s Manikrao Uttamrao Sawde and another] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Godbole, Advocate for Appellant.

Shri M.A. Kadu, A.G.P. for respondent No. 2.

CORAM : DR. SMT. SHALINI PHANSALKAR-JOSHI, J DATED : 15 th JUNE, 2017.

Civil Application No. 2570/2016 Heard, As the applicant is the acquiring body and its presence is necessary for decision of controversy involved in the matter, for the reasons stated in para2 and 3 of the application, the application is allowed and applicant is granted leave to file appeal. Application is disposed of finally.

C.A.F. St. NO. 6575/2016 Subject to condition of appellant depositing the entire amount of compensation, awarded by reference court, in this court within a period of eight weeks, stay is granted to the execution of the impugned judgment and award till decision of the

CAF 2570 of 2016 .odt appeal.

On failure of depositing the compensation amount within the stipulated period, the stay will stand automatically vacated, without reference to this court.

The application is disposed of.

C.A.F. St. No. 6574/2016 Issue notice to respondent no.1, returnable on 27/07/2017.

The learned A.G.P. waives notice for Respondent No.2.

JUDGE Nandurkar