Vidc Nagpur Thr. Exe. Engineer, Medium And Minor Irrigation Division, Achalpur And Others v. Niyamatkha Ahmadkha (Since Deceased) Thr. Lrs. Kalimabee Niyamatkha And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) No. 2448 OF 2019 IN F.A.St.No.10621 OF 2019 VIDC, Nagpur thr. Executive Engineer, Achalpur and others. vs.

Niyamatkha Ahmadkha (Dead) thr.LR's Kalimbee Niyamatkha and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. J. B. Kasat & Vinay Dahat, counsel for appellants. CORAM : Manish Pitale J DATED : 10.10.2019 This is an application filed on behalf of acquiring body.

2.

It is submitted by the applicants that since they would be bearing the burden of payment of compensation payable to the claimants and also because only the VIDC was not named as a party while the Executive Engineer was a party, leave is sought by the applicants to file appeal against the Reference Court.

Notice was issued in this application on 08.07.2019 and the respondents are represented through counsel.

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For the reasons stated in the application, the same is allowed and the applicants are granted leave to file the accompanying appeal.

CIVIL APPLICATION (St.) No. 10622 OF 2019 This is an application seeking condonation of delay of 763 days in filing accompanying appeal. 2.

For the reasons stated in the application, the same is allowed and delay is condoned.

FIRST APPEAL No. /2019 Heard learned counsel for the appellants.

2.

Admit.

3.

Call for R & P.

4.

Mr.Shinde, learned counsel waives notice on behalf of respondent 1A to 1H, and Smt. Hemlata Jaipurkar, learned AGP waives notice on behalf of respondents No.2 & 3.

CIVIL APPLICATION (St.) No. 10624 OF 2019 This is an application seeking stay of the Reference Court. It is pointed out that the appellants

3 / 3 caf2448.19 have already deposited principal amount before this Court. Subject to the appellants depositing the balance amount in this Court within a period of eight weeks from today, there shall be stay of the Tribunal.

5.

Application is disposed of.

JUDGE KOLHE