Bombay High CourtCAF/2738/2018admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Canal Div., Yavatmal And Another v. Ramesh Manohar Kevte And Others

2019-01-18Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1801caf2738.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.2738/2018 IN FIRST APPEAL ST. NO.7678/2018 Vidarbha Irrigation Development Corporation through Executive Engineer, Bembla Project, Yavatmal Tal. & Dist. Yavatmal and another ...Versus...

Ramesh Manohar Kevte and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. A.A. Joshi, Counsel for applicants Shri S.D. Sirpurkar, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 18/01/2019 Heard.

Perused the application. There is a delay of 504 days caused in filing the first appeal.

For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed. No order as to costs. FIRST APPEAL ST. NO.7678/2018 Heard.

ADMIT.

Call for record and proceedings.

1801caf2738.18.odt Learned Assistant Government Pleader Shri S.D. Sirpurkar waives service of notice for the respondent nos.2 and 3.

CIVIL APPLICATION (CAF) NO.2739/2018 Heard.

The learned Counsel for the applicants has submitted that the principal decretal amount has been deposited in the lower Court and the additional amount will be deposited, within eight weeks, in this Court. Subject to deposit of the additional amount within eight weeks in this Court, the impugned judgment and award dated 11/8/2016 passed by the 2nd Joint Civil Judge, Senior Division. Yavatmal in Land Acquisition Case No.406/2012 is stayed, until further orders.

JUDGE Wadkar, P.S.