V.I.D.C Nagpur Thr. Exe. Engineer, Medium And Minor Irrigation Sub-Div. No. 3, Chandur Bazar And An v. Dadarao Suryabhan Sayare And Others

CAF 120.20.

1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (F) No.120/2020 in First Appeal St. No.10625/2019 VIDC V Dadarao Sayare 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 J.B. Kasat, appellant.

Shri M.A. Kadu, AGP for resp. nos.2 and 3.

CORAM : S.M. MODAK, J.

DATE : 15 th JUNE, 2021.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

Learned AGP Shri Kadu, waives notice for the respondent nos. 2 and 3.

3.

The Executive Engineer of VIDC was a party before the Reference Court. VIDC was not a party. They want to prefer an appeal along with the Executive Engineer. No doubt it is required. There is no need to issue notice to the respondents. Hence, VIDC is granted leave to prefer an appeal.

4.

Copy of application be served on the respondents.

5.

Application is disposed of.

CAF 120.20.

2/2 Civil Application (St) No.10626/2019 There is a delay of 844 days in preferring an appeal.

2.

Issue notice to the respondents, returnable after eight weeks.

3.

Learned AGP Shri Kadu, waives notice for the respondent nos. 2 and 3.

Civil Application (St) No.10627/2019 It is submitted that the principle amount is deposited before the Reference Court and the appellant undertakes to deposit the remaining amount as per the award before this Court within the period of three months. Subject to deposit of that amount stay is granted to the execution of the judgment and decree.

2.

Application is disposed of.

3.

The claimants are at liberty to ask for its withdrawal and it will be considered on merit. JUDGE Deshmukh