V.I.D.C., Through Its Executive Engineer, Bembla Project, Yavatmal And Others v. Nilesh S/O Devidas Sontakke And Others

(1) 50.caf.1345.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1345 OF 2023 IN FIRST APPEAL STAMP NO.7753 OF 2023 Vidarbha Irrigation Development Corporation through its Executive Engineer, Bembla Project, Yavatmal and another Vs.

Nilesh s/o Devidas Sontakke and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Mallika Babulkar, Advocate h/f Mr. M. A. Kadu, Advocate for appellants. Ms. T. H. Udeshi, AGP for respondent Nos.2 and 3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 03/05/2023 1.

This application is for condonation of delay. 2.

Issue notice to the respondents, returnable after Summer Vacation.

3.

Learned AGP Ms. Udeshi, waives notice for respondent Nos.2 and 3.

Civil Application (CAF) No.1346/2023 1.

By this application, the appellants are seeking stay to the effect, operation and execution of the impugned Judgment and Award dated 17.06.2022 passed by the 2nd Joint Civil Judge Senior Division, Yavatmal in Land Acquisition Case No.178/2019. 2.

Learned Advocate Ms. Babulkar, for the appellants submitted that principal amount is deposited

(2) 50.caf.1345.2023 before the Reference Court.

3.

On depositing the balance interest amount along with the statutory deposits within ten weeks, the effect, operation and execution of the impugned Judgment and Award passed by the 2nd Joint Civil Judge Senior Division, Yavatmal in Land Acquisition Case No.178/2019 is stayed till final disposal of the appeal. 4.

On failure to deposit the amount within above said period the stay granted will be vacated automatically without further reference to the Court. 5.

Civil Application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 16:17