Bombay High CourtCAF/3818/2018admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Canal Div., Bembla Proj., Yavatmal And An v. Jama Masjid Committee, Pimpalkhuti Thr. Its Pres. Abdul Matin Abdul Wahab And Others

2019-04-08Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

35-b caf3817.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 3817 OF 2018 IN FIRST APPEAL STAMP NO. 11155 OF 2018 V.I.D.C., through its Executive Engineer, Canal Division Bembla Project, Yavatmal, Dist. Yavatmal and another.

V/s Jama Masjid Committee through its President Abdul Matin Wahab and others. --------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------------- Shri M.A. Kadu, counsel for the applicants/appellants. Shri A.B. Nakshane, counsel for the respondent No. 1. Ms H.N. Jaipurkar, AGP for the respondent Nos. 2 and 3. CORAM: ARUN D. UPADHYE , J.

DATE: 08-04-2019.

Heard learned counsel for the parties.

Perused the application. There is delay of 203 days in filing first appeal. For the reasons stated in the application, delay is condoned. Civil application is allowed. FIRST APPEAL STAMP NO. 11155/2018 Heard.

Admit.

Call for record and proceedings.

Ms H.N. Jaipurkar, learned AGP waives notice for the Respondent Nos. 2 and 3.

Appellants to file private paper book within six months.

35-b caf3817.18.odt 2 CIVIL APPLICATION (CAF) NO. 3818/2018 Heard.

Learned counsel for the appellants has submitted that he will deposit the amount before the Reference Court within one week and prays that the execution of impugned judgment and award be stayed.

In view of the statement made on behalf of the appellants, the impugned judgment and award dated 06/05/2017 passed by the 3rd Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No. 39/2011 is hereby stayed, until further order.

Civil application is allowed.

JUDGE rkn