V.I.D.C., Thr. Exe. Engineer, Mann Project Div., Khamgaon, New Name Jaigaon Lift Irr. Div. Khamgaon v. Shesharao Daulat Pajayi And Another

caf 4103-16.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.2162 OF 2017 IN CIVIL APPLICATION NO. (CAF) NO. 4103 OF 2016 IN FIRST APPEAL [S] NO.8430 OF 2016 (Vidarbha Irrigation Development Corporation through its Executive Engineer, Khamgaon. Vs. Sheshrao Daulat Pajayi & anr.) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri. J. B. Kasat, Advocate for Appellant.

Shri. U. J. Despande, Advocate for respondent no.1 Shri. A. R. Chutke, AGP for Respondent no.2

CORAM

: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J.

DATE : 17 th JULY, 2017.

Learned counsel for appellant submits that he has received the possession receipt and he will be filing the same within a week.

It is submitted by learned counsel for the appellant that entire amount of compensation is deposed in the Court.

In view thereof, the stay is granted to the execution of the impugned judgment and order of the Reference Court till decision of the appeal.

The application is disposed of CIVIL APPLICATION NO. (CAF) NO. 4103 OF 2016 As the applicant is an acquiring body and its presence is necessary for decision of the controversy

caf 4103-16.odt 2 involved in this case, the leave is granted to file appeal. Application is accordingly allowed and disposed of. CIVIL APPLICATION (AF)NO. 2161 OF 2017 This is an application seeking condonation of delay of 220 days in preferring the appeal.

Respondent no.1 is duly served and appeared through Advocate. Learned A.G.P. is appearing for respondent no.2.

For the reasons stated in paragraphs-3 and 4 of the application, as sufficient cause is made out, the delay is condoned and the application is allowed and disposed of with no order as to costs.

FIRST APPEAL STAMP NO. 8430 OF 2016 Heard.

Admit.

Call Record and proceedings.

Appellant to file private paper-book within six months after receipt of record and proceedings. Learned A.G.P. waives service of notice for respondent no.2. Notice to respondent no.1 is waived by learned Advocate Shri. Deshpande.

JUDGE RGIngole