Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Canal Div., Yavatmal And Another v. Milind Wamanrao Bhagt And Others

42 caf2744.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 2744/2018 IN FIRST APPEAL ST. NO. 8241/2018 V.I.D.C. Through Executive Engineer, Bembla Canal Divn., Yavatmal and another Vs.

Milind Wamanrao Bhagat and others.

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

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Mrs. P.P. Chobe, Advocate h/f Mrs. A.A. Joshi, Advocate for the Applicants /Appellants.

Shri M.A. Kadu, AGP for the Non-applicant/Respondent Nos. 2 and 3. CORAM: ARUN D. UPADHYE , J.

DATE: 19-11-2018.

None for the respondent No. 1. Heard Mrs. P.P. Chobe, Adv. h/f for Mrs. A.A. Joshi, Advocate for the applicants/appellants and Shri M.A. Kadu, learned AGP for the non-applicant Nos. 2 and 3.

Perused the application. There is a delay of 271 days in filing the appeal. Considering the reasons stated in the application, delay could be condoned.

The civil application is allowed.

FIRST APPEAL STAMP NO.8241/2018.

Heard.

ADMIT.

Call for record and proceedings.

Shri M.A. Kadu, learned AGP waives service of notice for the respondent Nos. 2 and 3.

42 caf2744.18.odt 2 CIVIL APPLICATION (CAF) NO. 2745/2018 Heard.

The learned Counsel for the applicants/ appellants has submitted that the principal amount has been deposited by the appellants. In view of the statement made on behalf of the applicants / appellants, the impugned judgment and award is hereby stayed till disposal of this appeal. The civil application is disposed of.

JUDGE rkn