Bombay High CourtCAF/3872/2018admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Canal Div., Bembla Proj., Yavatmal And An v. Duryodhan Narayan Bobade And Others

2019-04-03Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

921caf3872.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 3872 OF 2018 IN FIRST APPEAL STAMP NO. 11365 OF 2018 V.I.D.C., through its Executive Engineer Canal Division Bembla Project Yavatmal, Tq. and Distr. Yavatmal and another.

V/s Duryodhan Narayan Bobade 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 I.J. Damle, AGP for the non-applicant/respondent Nos. 2 and 3. CORAM: ARUN D. UPADHYE, J.

DATE: 03-04-2019.

Heard Shri M.A. Kadu, learned counsel for the appellants and Shri I.J. Damle, learned AGP for the Respondent Nos. 2 and 3.

Perused the application. There is delay of 216 days in filing first appeal. For the reasons stated in the application, delay is condoned. Civil application is allowed. FIRST APPEAL STAMP NO. 11365/2018 Heard.

Admit.

Shri I.J. Damle, learned AGP waives notice for the respondent Nos. 2 and 3.

Appellant(s) to file private paper-book within six months.

921caf3872.18.odt CIVIL APPLICATION (CAF) NO. 3873/2018 Heard.

Learned counsel for the appellants has submitted that the entire amount of compensation is deposited partly before the Reference Court and partly deposited in this Court and prays that the execution of impugned order be stayed.

In view of the statement made by the learned counsel for the appellants, the impugned judgment and award dated 05/05/2017 passed by the 3rd Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No. 120/2012 is hereby stayed, until further order.

JUDGE rkn