V.I.D.C. Through Executive Engineer, Bembla Canal Division, Yavatmal And Others v. Vijay Namdeorao Tatewar And Others

920caf3427.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 3427/2018 IN FIRST APPEAL STAMP NO. 6424/2018 V.I.D.C., through its Executive Engineer, Canal Division Bembla Project, Yavatmal, Tq. and District Yavatmal and another.

Vs.

Vijay Namdeorao Tatewar and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri M.A. Kadu, counsel for the Applicants/Appellants. Shri S.D.Sirpurkar, AGP for the Non-Applicant/Respondent Nos. 2 and 3. CORAM: ARUN D. UPADHYE , J.

DATE: 08-02-2019.

Heard Shri M.A. Kadu, learned counsel for the applicants/appellants and Shri S.D. Sirpurkar, learned AGP for the non-applicant/respondent Nos. 2 and 3. None appears for the non-applicant/respondent No.1, though served.

Perused the application. There is delay of 343 days in filing the first appeal.

For the reasons stated in the application, delay is condoned. Civil application is allowed.

FIRST APPEAL STAMP NO. 6424/2018.

Heard.

Admit.

Call for record and proceedings.

920caf3427.18.odt 2 Shri S.D. Sirpurkar, learned AGP waives service of notice for the respondent Nos. 2 and 3.

CIVIL APPLICATION (CAF) NO. 3428/2018 Heard learned counsel for the applicants / appellants.

Shri M.A. Kadu, learned counsel for the applicants / appellants have submitted that the entire amount of compensation will be deposited within twelve weeks and prays that the execution of impugned order be stayed.

In view of the statement made by the learned counsel for the applicants /appellants, permission is granted to deposit the entire amount of compensation within twelve weeks.

The impugned judgment and award dated 17/10/2016 passed by the 2nd Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No. 856/2012 is hereby stayed, until further orders.

JUDGE rkn