Bombay High CourtCAF/3990/2019ca disposed off

Vidarbha Irrigation Development Corp. Thr. Exe. Bembla Irrigation Div., Yavatmal And Another v. Bhaurao Govindra Gonde (Since Dead) Thr. Lrs. Vimal Bhaurao Gonde And Others

2020-12-09Hon'Ble Shri Justice S.M. Modak2 pages

1 CAF 3990.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (F) No.3990/2019 in First Appeal St. No.7552/2018 (VIDC, Bembla Irrigation Division, Yavatmal and another V Bhaurao Gonde thr 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- Shri J.B. Kasat, Adv for appellants.

Shri M.A. Kadu, AGP for resp. nos.6 and 7.

CORAM : S.M. MODAK, J.

DATE : 09-12-2020.

Heard Shri Kasat, learned Advocate for the appellants and Shri Kadu, learned AGP for respondent nos. 6 and 7. The V.I.D.C. was not impleaded as a party before the Reference Court. They want to prefer an appeal alongwith an Executive Engineer. There is no need to issue notice to respondent nos. 1 to 5.

Leave is granted to prefer an appeal.

Learned AGP waives notice for respondent nos. 6 and 7. Application is disposed of.

Civil Application (St) No.7557/2018 Heard.

There is a delay of 182 days in preferring an appeal against the judgment of the Reference Court enhancing the compensation.

Issue notice to the respondents, returnable in the second week of February, 2021.

Learned AGP waives notice for respondent nos. 6 and 7.

2 CAF 3990.19 Civil Application (St) No.7555/2018 Heard.

Stay is granted to the execution of the impugned judgment, subject to deposit of the entire decretal amount within a period of three months.

Application is disposed of.

If respondent nos.1 to 5 will ask for withdrawal, it will be considered on merits.

(S.M. Modak, J.) Deshmukh