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Bombay High CourtCAF/1775/2017admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation, Thr. Its Executive Engineer, Lower Wanna Project v. Subhash S/O Dadaji Mahakulkar And 2 Others

2018-08-07Hon'Ble Mrs. Justice Swapna Joshi2 pages

1 caf1775.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAF NO.1775/2017 IN FIRST APPEAL ST. NO.9424/2015 [Executive Engineer, Lower Wanna Project, Wardha .vs. Subhash s/o Dadaji Mahakulakar and others] ............................................................................................................ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ............................................................................................................................................... Shri Nilesh Gaidhane, Advocate for appellant, Ms Rajkumari Kashyap, Advocate for respondent no.1, Ms Mrunal Naik, AGP for respondent nos.2 and 3. ..........

CORAM : MRS. SWAPNA JOSHI, J.

DATED : AUGUST 07 , 2018 .

This is an application filed by the applicant for condonation of delay in filing the first appeal.

Heard the learned counsel for the parties.

For the reasons mentioned in the application, the application is allowed. The delay of 476 days in filing first appeal is hereby condoned. The application stands disposed of.

Pursis St. No.11302/2017 The appellant has filed pursis St. No.11302/2017 stating that entire decretal amount has been deposited in the court. Pursis is accepted.

CAF No.1776/2017 This is an application for stay to the judgment and award dated 11.10.2013 passed in LAC No.117/1999.

Heard the learned counsel for the parties.

The learned counsel for the appellant submits that the amount was deposited by the appellant in the lower court and it had been withdrawn by the claimant.

In view thereof, the said application become infructuous. The application stands disposed of as infructuous.

2 caf1775.17.odt FIRST APPEAL ST. NO.9424/2015 Heard.

Admit.

Call R & P.

Ms Rajkumari Kashyap, learned counsel, waives notice for respondent no.1 and Mrs. Mrunal Naik, learned AGP, waives notice for respondent nos.2 and 3.

Private paper book be filed within a period of four months. JUDGE Gulande