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Bombay High CourtCAF/2533/2017ca disposed off

Nana S/O Baibi Palve v. The Executive Engineer, Khadakpurna Prakalp, Deulgaon Raja And Another

2017-06-30Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

caf3207.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.3207 OF 2016 IN FIRST APPEAL STAMP NO.10025 OF 2016 (Executive Engineer, K.P. Prakalp, Buldana Vs. Nana Gaibi Palve and another) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri Anoop Parishar, Advocate for Appellant.

Ms. Shamsi Haider, AGP for Respondent No.2.

CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 30 th JUNE, 2017.

Heard learned counsel for appellant, learned counsel for respondent No.1 and learned A.G.P. for respondent No.2.

For the reasons stated in paras 2 to 5 of the application, as sufficient cause is made out and having regard to the fact that appellant has deposited entire decretal amount of compensation in the Court, the delay though is condoned.

The application is allowed with no order as to costs.

First Appeal Stamp No.10025/2016:

Heard.

Admit.

Call for R & P.

caf3207.16.O.odt 2 Appellant to file private paper-book within a period of six months, after the receipt of R & P. Shri B.N. Palve, the learned counsel waives service of notice for respondent No.1 and Ms. Shamsi Haider, the learned A.G.P. waives service of notice for respondent No.2.

Civil Application (F) No.3208/2016:

The appellant has deposited the entire amount of compensation in the Court. The order of ad interim stay granted on 13.12.2016 is confirmed till the decision of the appeal.

The application is disposed of.

Civil Application (F) No.2533/2017:

Learned counsel for the applicant-claimants submits that they have already received the amount of compensation from the Reference Court and hence they are not pressing this application for withdrawal. The application is therefore, disposed of as withdrawn.

JUDGE NSN