The Executive Engineer, Lower Wardha Project Division, Vidarbha Irrigation Development Corporation v. Sheshrao Somaji Gawali And Others

(1) 2.caf.1112.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1112 OF 2023 IN FIRST APPEAL NO.543 OF 2015 The Executive Engineer, Lower Wardha Project Division V.I.D.C., Wardha Vs.

Sheshrao Somaji Gawali through LRs and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Ashwini Athalye, Advocate for appellant.

Mr. A. G. Mate, Advocate h/f Mr. D. S. Lambat, Advocate for respondent Nos.1(a) and 1(b). Mr. K. L. Dharmadhikari, AGP for respondent Nos.2 to 5. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 24/04/2023 1.

Present application is by the respondent No.1(a) and 1(b) for early hearing on the ground that, present appeal is preferred against the Judgment and Award passed by the 3rd Joint Civil Judge Senior Division, Wardha, though Reference Court has awarded the compensation. As VIDC has preferred the appeal, the respondent Nos.1(a) and 1(b) could not get the benefit of the award. The respondent Nos.1(a) and 1(b) have to perform the marriage of their daughters. In view of that, appeal be heard at the earliest.

2.

The appeal is of the year 2015 i.e. more than five years old.

3.

In view of that, the appeal can be taken up after the Summer Vacation, for final disposal.

(2) 2.caf.1112.2023 4.

Civil application is allowed.

FIRST APPEAL NO.543 OF 2015 Stand over on 06.06.2023.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 19:18