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Bombay High CourtCAF/2041/2014admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation Thr. Its Executive Eng., Minor Irrigation Div., Washim v. Yeshwanti Sampat Khandare (Since Dead Through Her Lrs) Dhondu Sampat Khandare And Others

2015-08-24Hon'Ble Shri Justice A.S. Chandurkar2 pages

26A-CAF-2041-14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.2041 OF 2014 IN FIRST APPEAL (ST) NO.7427 OF 2014 V.I.D.C. Thr. Exe. Engineer, Washim.

-vs- Yeshwanti Sampat Khandare (dead) Thr. L.Rs. Dhondu Sampat Khandare & Ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri J. B. Kasat, Advocate for appellant/applicant. Shri V. K. Paliwal, Advocate for respondent Nos.1(A) to (D),(G), (H), (J).

Shri M. M. Ekaray, AGP for respondent No.2.

CORAM : A.S.CHANDURKAR, J.

DATE : AUGUST 24, 2015 Prayer is to condone delay in filing the first appeal. Reasons for delay are mentioned in paragraphs 4 to 7 of the application.

Application is opposed by the learned counsel appearing for respondent Nos.1(A) to (D),(G), (H), (J). . It is stated that reasons assigned are not sufficient. Considering the averments made in paragraphs 4 to 7 and finding the same acceptable, the delay in filing the first appeal stands condoned. C.A. is allowed and disposed of. F.A.(St) No.7427 of 2014 Heard. Admit. Call for record and proceedings. Shri V. K. Paliwal learned counsel waives notice on behalf of respondent Nos.1(A) to (D),(G), (H), (J). Learned Assistant Government Pleader waives notice on behalf of respondent No.2.

C.A.F. No.2042 of 2014.

26A-CAF-2041-14 2/2 If the applicant deposits in this Court the entire amount of enhanced compensation within period of 12 weeks from today then during pendency of the appeal the execution of the impugned award shall remain stayed.

C.A. is disposed of.

JUDGE Asmita