Bombay High CourtCAF/3279/2018admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corp. Thr Exe. Engineer, Canal Div. Bembla Project, Yavatmal And An v. Kawadu Ganpat Dambhare And Others

2019-01-23Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2301caf3279.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3279/2018 IN FIRST APPEAL ST. NO.6837/2018 Vidarbha Irrigation Development Corporation through its Executive Engineer, Canal Division Bembla Project, Yavatmal Tq. & Dist. Yavatmal and another ...Versus...

Kawadu Ganpat Dambhare 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 Shri D.A. Sonwane, Counsel for respondent no.1 Shri S.D. Sirpurkar, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 23/01/2019 Heard.

There is a delay of 145 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. No order as to costs. FIRST APPEAL ST. NO.6837/2018 Heard.

ADMIT.

2301caf3279.18.odt Call for record and proceedings.

Learned Counsel Shri D.A. Sonwane waives service of notice for the respondent no.1 and learned Assistant Government Pleader Shri S.D. Sirpurkar waives service of notice for the respondent nos.2 and 3. Private paper-book be filed within six months. CIVIL APPLICATION (CAF) NO.3280/2018 Heard.

The learned Counsel for the applicants/appellants has submitted that the amount of compensation is deposited by appellants.

In view of the statement made on behalf of the applicants/appellants, the interim stay granted by this Court vide order dated 31/10/2018 is hereby confirmed. The civil application stands disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.