Vidc Thr. Exe. Engineer, Purna Medium Project, Achalpur Div. Achalpur, Amravati And Another v. Shyamrao S/O Marotiraoji Datir And Others

1 CAF 3873.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (O) No.614/2020 in Civil Application (F) No.4350/2019 In First Appeal St.No.10526/2019 (VIDC thr Executive Engineer, Purna Medium Project, Achalpur Division, and another V Shyamrao Datir and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- Mrs Anjali Joshi, Adv for appellants.

Shri R.J. Shinde, Adv for resp. no.1.

Mrs Shamsi Haider, AGP for resp. nos. 2 and 3. CORAM : S.M. MODAK, J.

DATE : 22-09-2020.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

This Court has directed the appellants to deposit the amount as per the order dated 18-10-2019. For the reasons stated in the application, the amount could not be deposited in time. The other side is not having any objection. Hence, the order :-

O R D E R

(a) The appellants are permitted to deposit the amount within a period of seven days.

(b) Subject to that stay granted earlier be revived. (c) Civil Application stands disposed of.

Civil Application (F) No.3873/2019 and Civil Application (F) No.4350/2019 Before the Trial Court, the Vidarbha Irrigation Development Corporation was not made as a party. Now the V.I.D.C. wants to join as one of the appellants in this appeal. There is a delay of 476

2 CAF 3873.19 days in preferring an appeal. The reasons mentioned in the appeal are genuine. Hence, the order :-

O R D E R

(a) The delay of 476 days in preferring an appeal is condoned. (b) Leave granted.

(c) Civil Applications stand disposed of.

First Appeal St.No.10526/2019 Heard. Admit.

Call for the record and proceedings.

The order be communicated to the counsel appearing for the parties, either on the e-mail address or on WhatsApp or by such other mode, as is permissible in law.

(S.M Modak, J.) Deshmukh Sandeep Deshmukh Sandeep Deshmukh Date: 2020.09.22 17:38:17 +0530