Bombay High CourtCAF/83/2018admittedallwdgrantedrule absolute

Executive Engineer, Bembla Project Division, Yavatmal And Another v. Subhash Bhaduji Gandhe And Others

2018-10-12Hon'Ble Shri Justice V.M. Deshpande2 pages

caf83.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.83/2018 IN FIRST APPEAL ST. NO.7981/2017 Executive Engineer, Bembla Project Division, Yavatmal and anr. .vs. Subhash Bhaduji Gandhe and ors.

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

and Registrar's Orders.

Mr. M. A. Kadu, Advocate for applicants.

Mr. A. Balpande, A.G.P. for respondent nos. 4 and 5. CORAM : V.M. DESHPANDE, J.

DATED : OCTOBER 12, 2018 This is an application for condonation of delay in filing the appeal.

Heard Mr. Kadu, learned counsel appearing for the applicant-VIDC and Mr. Balpande, learned A.G.P. for non applicant nos. 4 and 5. Notice to other non applicants need not be issued in view of the fact that since according to counsel for appellant the issue involved in appeal is already decided by this Court. Hence, the delay is hereby condoned. Office is directed to register the appeal.

First Appeal Stamp No. 7981/2017 During the course of hearing, learned counsel for the appellant fairly pointed out the judgment delivered by this Court in First Appeal No.763/2017 (Coram: Z.A.Haq, J.) and submitted that Section 4 notification in the present case and Section 4 notification in First Appeal No.763/2017 is one and the same and lands and appellants are also from the same village.

caf83.18.odt Hence, for the reasons recorded in First Appeal No.763/2017, the present appeal is dismissed. However, there shall be no order as to costs.

Mr. Kadu, learned counsel for the appellant, submits that the appellant will be depositing the balance decreetal amount before the reference Court within four weeks from today.

On the amount so deposited by the appellant, the learned reference Court is directed to issue notice to the original claimant and permit them to withdraw the said amount.

JUDGE kahale