Executive Engineer, Khadakpurna Project, Deulgaon Raja v. Sahebrao Daulat Kakad And Another

caf3451.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.3451 OF 2016 IN FIRST APPEAL STAMP NO.10581 OF 2016 (Executive Engineer, Khadakpurna Project, Deulgaon Raja, Dist. Buldana Vs. Sahebrao Daulat Kakad 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 Parihar, 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 and learned A.G.P. for respondent No.2.

Respondent No.1 is duly served, but not remained present.

Hence, for the 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.3452/2016:

As the entire amount of compensation is deposited in the Reference Court. The order of ad

caf3451.16.O.odt 2 interim stay is confirmed till the decision of the appeal. The application is disposed of.

First Appeal Stamp No.10581/2016:

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

JUDGE NSN