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Bombay High CourtFA/1001/2007dispossed offdismiss for default

Vidarbha Irrigation Development Corporation Thr. Executive Engineer, Pusad, Dist. Yavatmal. v. Kishore Bhauraogole And 2 Others

2016-12-14Hon'Ble Shri Justice Sunil B. Shukre2 pages

fa.1001.07 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR First Appeal No.1001 of 2007 (V.I.D.C., through Executive Engineer, Yavatmal vs.

Kishor Bhaurao Gole and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.B. Patil, Advocate for the Applicant.

Shri Prasad Dharaskar, Adv. h/f Shri A. Parchure, Adv. for R-1. Shri K.R. Lule, A.G.P. for Respondent Nos.2 and 3.

CORAM

: S.B. SHUKRE, J.

DATE : 14 th DECEMBER, 2016.

Heard.

It is pointed out by the learned Counsel for respondent No.1 that in this matter, there were two appeals filed against the judgment and order dated 19/03/2005 rendered in L.A.C. No.1470/2004. He further states that one appeal was filed by the State which was First Appeal No.1000/2007 and the other appeal is the present one filed by the V.I.D.C. He further submits that First Appeal No.1000/2007 has been finally decided by this Court by the judgment delivered on 27/04/2016. The copy of the judgment produced before me is taken on record and marked as "X" for identification.

On going through the judgment dated 27/04/2016 rendered in First Appeal No.1000/2007, I find that

fa.1001.07 2 submissions made by the learned Counsel for respondent No.1 are correct. The learned Counsel for the appellant and the learned A.G.P. for respondent Nos.2 and 3 are also agreeable to it. Therefore, this appeal deserves to be disposed of in terms of judgment dated 27/04/2016.

Accordingly, this appeal stands disposed of in terms of the judgment of this Court dated 27/04/2016 rendered in First Appeal No.1000/2007. No costs. *sdw JUDGE