Vidarbha Irrigation Devp. Corporation, Thr. Executive Engineer, Khadakpurna Project Div., Buldhan v. Ananda @ Anna Ganpati Misal (Dead), Thr. Lrs. Smt. Mandabai Ananda Misal And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.319/2017 IN FA ST.NO.10144/2016 Vidarbha Irrigation Development Corporation, thr. its Executive Engineer, Khadakpurna Project Division, District Buldhana ..vs..
Ananda @ Anna Ganpati Misal since dead, thr. LRs and ors ................................................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................................................... Shri J.B. Kasat, Counsel for the applicant.
Shri R.N. Ghuge, Counsel for non-applicant Nos.1(1A), 1B[1B(i)] to [1B[iv)], 1C, 1D, 1E, and 1F/claimants.
Shri K.R. Lule, AGP non-applicant Nos.2 & 3/State.
CORAM
: MRS. SWAPNA JOSHI, J.
DATED : JULY 20, 2018.
1.
This is an application for condonation of delay of 54 days caused in filing an appeal.
2.
Heard learned counsel for the parties.
3.
Having heard learned counsel for the parties and gone through the contents in the application, I am convinced that the delay is satisfactorily explained. Delay of 290 days caused in filing the appeal stands condoned. Office to register the first appeal. 4.
The civil application stands disposed of accordingly. Civil Application (CAF) No.3692/2016 1.
This is an application for grant of leave to file an appeal.
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2.
Heard learned counsel for the parties.
3.
Having heard learned counsel for the parties and gone through the contents in the application, I am satisfied that leave to file the appeal can be granted.
4.
Leave to file the appeal is granted.
5.
The civil application stands disposed of accordingly. First Appeal No................./2018 1.
Heard.
2.
ADMIT.
3.
The record and proceedings be called for.
4.
Learned counsel Shri R.N. Ghuge waives service on behalf of the claimants and learned Additional Public Prosecutor Shri K.R. Lule waives service on behalf of non-applicant Nos.2 and 3/State.
5.
Paper-Book be filed within a period of 6 months from today.
Civil Application (CAF) No.320/2017 1.
This is an application for grant of stay.
2.
Learned counsel Shri J.B. Kasat for the appellant submits that on 24.11.2016 he has deposited decreetal amount of Rs.4,18,099/- before this Court.
3.
Having heard learned counsel for the parties, I am satisfied that the case is made out for grant Stay. 4.
In view of the fact that the decreetal amount has been deposited, the application stands allowed. Till disposal of the .....3/-
appeal, there shall be Stay to the effect and operation of the impugned judgment and award dated 21.11.2015 passed by learned Joint Civil Judge Senior Division, Buldana in LAC No.159/2005. JUDGE !! BRW !!
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