Bombay High CourtCAF/1218/2018admittedallwdgrantedrule absolute

The Executive Engineer, Minor Irrigation Division, V. I. D. C., Washim v. Sharjibai Mulchand Runwal (Dead) Through Lrs. Sheshrao Mulchand Runwal And 3 Others

2018-04-10Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf2646.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.2646/2015 IN FIRST APPEAL STAMP NO.12449/2015 The Executive Engineer, Minor Irrigation Division, Vidarbha Irrigation Development Corporation, Washim ..Vs..

Sheshrao Mulchand Runwal 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. U.A. Patil, Advocate for the applicant.

Shri Jafar Malnas, Advocate for respondent Nos.1(a) to 1(d). Shri M.A. Kadu, A.G.P. for respondent Nos.3 and 4. CORAM : Z.A. HAQ, J.

DATE : 10.4.2018.

Accepting the explanation given in the application delay of 358 days in filing appeal is condoned. The civil application is allowed accordingly. No costs.

FIRST APPEAL STAMP NO.12449/2015 Taken up for hearing on admission.

Heard.

ADMIT.

Shri Jafar Malnas, Advocate waives notice for respondent Nos.1(a) to 1(d).

Shri M.A. Kadu, A.G.P. waives notice for respondent Nos.3 and 4.

Call record and proceedings.

The appellant shall file private paper book

2 caf2646.15 within six months.

C.A.F. NO.1218/2018 The learned Advocate for the claimants has pointed out the order passed by this Court in First Appeal No.894/2016 on 17th February, 2017 which order according to the learned Advocates for both the parties is in respect of land acquired by the same notification. The claimants are permitted to withdraw 50% of the amount deposited by the appellant on furnishing solvent surety / security to the satisfaction of Registrar (J.) of this Court. The balance 50% amount be given to the claimants on furnishing undertaking by all the claimants stating that if at the time of hearing of appeal it is found that the claimants are not entitled for the amount withdrawn by them, they will re-deposit the amount alongwith interest as directed by the Court within two months.

The amount be disbursed in the name of respondent No.2 / Shri Sheshrao Mulchand Runwal. The amount shall be disbursed only after the solvent surety / security is furnished and undertaking of all the claimants is filed. The civil application is allowed accordingly. No costs.

JUDGE Tambaskar.