Bombay High CourtCAF/3450/2016ca disposed off

Executive Engineer, Khadakpurna Project, Deulgaon Raja v. Madan Appaji Kakad And Others

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

caf3449.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.3449 OF 2016 IN FIRST APPEAL STAMP NO.10452 OF 2016 (Executive Engineer, Khadakpurna Project, Deulgaon Raja, Dist. Buldana Vs. Madan Appaji Kakad and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

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

Ms. Shamsi Haider, AGP for Respondent No.5.

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

Heard learned counsel for appellant and learned A.G.P. for respondent No.5.

Respondent Nos.1 to 4 are duly served, but not remained present.

Hence, for th reasons stated in paras 2 to 5 of the application as sufficient cause is made out and hence the appellant has filed to deposit the entire amount of compensation in the Reference Court, in the interest of justice. The application is allowed. The delay is condoned.

The application is disposed of.

Civil Application (F) No.3450/2016:

As the entire amount of compensation is deposited in the Reference Court. In view of the pursis

caf3449.16.O.odt 2 filed on record by learned counsel for appellant, the stay order of ad interim stay is confirmed till the decision of the appeal. The application is disposed of. First Appeal Stamp No.10452/2016:

Heard learned counsel for appellant and learned A.G.P. for respondent No.5. Respondent Nos.1 to 4 are absent though duly served.

Admit.

Call for R & P.

The appellant to file private paper-book within a period of six months from the date of receipt of R & P. Ms. Shamsi Haider, the learned A.G.P. waives service of notice for respondent No.5.

JUDGE NSN