Bombay High CourtCAF/3350/2018admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Project Division, Yavatmal And ANR v. Nilesh Digambar Baradkar (Dead) And Others

2019-09-25Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 caf3350.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3350/2018 IN FIRST APPEAL STAMP NO.7380/2017 Vidarbha Irrigation Development Corporation and another ..Vs..

Nilesh Digambar Baradkar through L.R. Digambar Sheshrao Baradkar 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 J.B. Kasat, Advocate for the appellants. Shri S.K. Paunikar, Advocate for respondent No.1. Ms. Shamsi Haider, A.G.P. for respondent Nos.3 and 4. CORAM : NITIN W. SAMBRE, J.

DATED : 25.9.2019 1] Heard.

2] Delay is sought to be explained on administrative ground, which prayer is opposed by the learned Counsel for respondent No.2.

3] Considering the explanation which is of administrative ground, delay stands condoned. Civil application is allowed. No costs.

CIVIL APPLICATION (CAO) NO.1819/2019 4] For the reasons disclosed, stands allowed.

The entire amount of compensation be deposited in this

2 caf3350.18 Court within a period of 3 days after adjusting the amount already deposited in the Reference Court. FIRST APPEAL STAMP NO.7380/2017 5] As far as the appeal is concerned, my attention is invited to the judgment delivered by this Court in F.A. No.1042/2013 with cross objection of the land owner decided on 2nd August, 2019.

6] The learned Counsel for the appellants submits that the issue raised in the appeal is already covered by the said judgment.

7] The learned Counsel for the respondent / land owner submits that the cross objection is not tagged with present appeal and as such the matter be decided in next week so that he will be in a position to assist the Court. Adjourned accordingly to 3rd October, 2019 by way of last chance.

JUDGE Tambaskar.