Bombay High CourtCAF/8/2019admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corp., Brmbla Canal Division, Yavatmal And Another v. Madhav Rama Borkar (Dead) Thr. Lrs. Prabhakar Madhav Borkar And Others

2019-04-18Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1804caf3760.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3760/2018 IN FIRST APPEAL ST. NO.7683/2018 Vidarbha Irrigation Development Corporation, Bembla Canal Division, Yavatmal, Tah. and District Yavatmal and another ...Versus...

Madhav Rama Borkar (Dead), through L.Rs. Prabhakar Madhav Borkar 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 M.A. Kadu, AGP for respondent nos.3 and 4 CORAM : ARUN D. UPADHYE, J.

DATE : 18/04/2019 Heard.

Perused the application. Leave to file the first appeal is granted.

The civil application is allowed and disposed of. No order as to costs.

CIVIL APPLICATION (CAF) NO.08/2019 Heard.

Perused the application. There is a delay of 417 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

1804caf3760.18.odt application is allowed and disposed of accordingly. No order as to costs.

FIRST APPEAL ST. NO.7683/2018 Heard.

ADMIT.

Call for record and proceedings.

Learned Assistant Government Pleader Shri M.A. Kadu waives service of notice for the respondent nos.3 and 4. CIVIL APPLICATION (CAF) NO.09/2019 The learned Counsel for the applicants has submitted that already principal amount of compensation is deposited before the reference Court and the balance amount would be deposited within twelve weeks.

In view of the statement made on behalf of the applicants, permission to deposit the balance amount within twelve weeks is granted.

The impugned judgment and award dated 9/8/2016 passed by the 3rd Joint Civil Judge, Senior Division, Yavatmal in Land Acquisition Case No.635/2012 is hereby stayed, until further orders.

JUDGE Wadkar, P.S.