V.I.D.C. Minor Irrigation Division, Washim Through Executive Engineer, Washim v. Charandas Shama Ade And Another

923caf857.19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 857/2019 IN FIRST APPEAL STAMP NO.7489/2018 V.I.D.C., Minor Irrigation Division, Dist. Washim thr. E.E., Washim, Dist. Washim. V/s Chanrandas Shama Ade and another.

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

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Mrs U.A. Patil, counsel for the applicant/appellant. Shri Amol Darekar, counsel for the respondent No.1. Shri S.D.Sirpurkar, AGP for the respondent No. 2. CORAM: ARUN D. UPADHYE , J.

DATE: 22-02-2019.

Heard learned counsel for the parties.

Perused the application. For the reasons stated in the application, the applicant is granted leave to file appeal. Civil application is allowed.

CIVIL APPLICATION STAMP NO. 7491/2018.

Issue notice to the respondents, returnable on 22.3.2019.

Shri Amol Darekar, learned counsel waives notice for the respondent No.1.

Shri S.D. Sirpurkar, learned AGP waives notice for the respondent No. 2.

923caf857.19.odt 2 Perused the application. There is delay of 58 days in filing the first appeal. Considering the reasons stated in the application, delay is condoned. Civil application is allowed. FIRST APPEAL STAMP NO. 7489/2018.

Heard.

Admit.

Call for record and proceedings.

Shri Amol Darekar, learned counsel waives notice for the respondent No.1.

Shri S.D. Sirpurkar, learned AGP waives notice for the respondent No.2.

CIVIL APPLICATION (CAF) NO. 7492/2018.

Heard learned counsel for the appellant as well as respondents.

Learned counsel for the appellant has submitted that the principal amount has already deposited before the learned Reference Court and remaining 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 appellant, permission is granted to deposit the remaining amount of compensation within twelve weeks.

The impugned judgment and decree dated 15/03/2017 passed by the Civil Judge, Senior Division Link Court Mangrulpir in L.A.C. No. 415/2013 is hereby stayed, until further orders.

Civil application is allowed.

rkn JUDGE