Bombay High CourtCAF/233/2017admittedallwdgrantedrule absolute

Vidarbha Irrigation Devp. Corporation, Thr. Executive Engineer, Khadakpurna Project Div., Buldhan v. Subabai Vitthal Misal (Dead), Thr. Lrs. Rajaram Vitthal Misal And Another

2017-07-13Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

caf3559.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.3559 OF 2016 IN FIRST APPEAL STAMP NO.10142 OF 2016 (V.I.D.C. thr. its Executive Engineer, Khadakpurna Project Division, Dist. Buldana Vs. Subabai Vitthal Misal since dead thr. her LR's Rajaram Vitthal Misal 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 Vinay Dahat, Advocate for Applicant.

Shri M.A. Kadu, AGP for Respondent No.2.

CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 13 th JULY, 2017.

This is an application seeking leave to file the appeal.

As the applicant is an acquiring body and his presence is necessary for deciding controversy involved in the appeal, the application is allowed. The applicant is granted leave to file the appeal.

The application is disposed of.

Civil Application (F) No.233/2017:

This is an application seeking condonation of 280 days in filing the appeal. Learned counsel for respondent No.1 absent when called out.

Heard learned counsel for applicant.

For the reasons stated in para 3 and 4 of the application, as sufficient cause is made out, the delay is

caf3559.16.O.odt 2 condoned.

The application is allowed with no order as to costs and disposed of.

First Appeal Stamp No.10142/2016:

Heard.

Admit.

Call for R & P.

Appellant to file private paper-book within a period of six months, after the receipt of R & P. Civil Application (F) No.234/2017:

The entire amount of compensation is deposited in the execution proceeding. The interim stay earlier granted is confirmed till the decision of this appeal. The application is disposed of.

JUDGE NSN