Bombay High CourtCAF/3421/2018admittedallwdgrantedrule absolute

V.I.D.C. Through Executive Engineer, Bembla Canal Division, Yavatmal And Another v. Eknath Devrao Bhoyar And Others

2019-04-04Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

0404caf3421.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3421/2018 IN FIRST APPEAL ST. NO.6363/2018 Vidarbha Irrigation Development Corporation through its Executive Engineer, Bembla Canal Division, Yavatmal Tq. & Distt. Yavatmal and another ...Versus...

Eknath Devrao Bhoyar 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 None for respondent nos.1 to 3, though served Smt. Hemlata Jaipurkar, AGP for respondent nos.4 and 5 CORAM : ARUN D. UPADHYE, J.

DATE : 04/04/2019 Heard learned Counsel for the applicants and learned Assistant Government Pleader for the respondent nos.4 and 5. None appears for the respondent nos.1 to 3, though served.

Perused the application. There is a delay of 128 days caused in filing the first appeal.

For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed and disposed of. No order as to costs.

0404caf3421.18.odt FIRST APPEAL ST. NO.6363/2018 Heard.

ADMIT.

Call for record and proceedings.

Learned Assistant Government Pleader Smt. Hemlata Jaipurkar waives service of notice for the respondent nos.4 and 5.

Private paper-book be filed within six months. CIVIL APPLICATION (CAF) NO.3422/2018 The learned Counsel for the applicants has submitted that already part amount of compensation is deposited before the reference Court and part amount is deposited before this Court.

In view of the statement made on behalf of the applicants, the impugned judgment and award dated 04/05/2017 passed by the 4th Joint Civil Judge, Senior Division, Yavatmal in Land Acquisition Case No.111/2014 is hereby stayed till final disposal of the appeal. JUDGE Wadkar, P.S.