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Bombay High CourtCAF/2344/2015admittedallwdgrantedrule absolute

The Executive Engineer, Khadakpurna Project Division, V. I. D. C., Deulgaon Raja v. Vinubai Sheshrao Dandale And 2 Others

2016-01-08Hon'Ble Shri Justice Ravi K. Deshpande2 pages

0801caf2344.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.2344 of 2015 In First Appeal Stamp No.11588 of 2015 (The Executive Engineer, Khadakpurna Project Division, VIDC, Buldana v. Venubai Sheshrao Dandale and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.G. Jagtap, Advocate for Applicant.

Shri K.S. Narwade, Advocate for Respondent No.1. Shri A.M. Deshpande, AGP for Respondent Nos.2 and 3. Coram : R.K. Deshpande, J.

Date : 8 th January, 2016 Civil Application (CAF) No.2344 of 2015 :

There is a delay of 323 days caused in filing an appeal challenging enhancement of compensation granted by the Reference Court.

The notices were issued to the respondents. No reply is filed. After going through the averments made in the application, I am satisfied that a sufficient cause is made out for condonation of delay. Hence, the delay caused is condoned. The civil application is disposed of.

First Appeal Stamp No.11588 of 2015 :

Heard the learned counsels for the parties on the merits of

0801caf2344.15.odt the matter.

Admit.

Shri Narwade, the learned counsel, waives service of notice for the respondent No.1; and Shri Deshpande, the learned AGP, waives service of notice for the respondent Nos.2 and 3. Call for R & P.

Civil Application (CAF) No.2345 of 2015 :

The entire decretal amount is deposited in this Court on 19-11-2015.

In view of this, the interim order shall continue to operate pending the decision of the appeal.

The civil application is disposed of.

Judge.

Lanjewar