V.I.D.C. Thr. Exe. Engineer, Minor Irrigation Division, Wardha And Another v. Hari Bhiwaji Raut And Another

CAF 134.20.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (F) No.134/2020 in First Appeal St No.11372/2019 VIDC Executive Engineer, Minor Irrigation Project and another V Hari Raut and another ******************************************************************************************************************* 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. no.2.

CORAM : S.M. MODAK, J.

DATE : 16 th JUNE, 2021.

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

2.

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.

3.

Copy of application be served on the respondents.

4.

Application is disposed of.

Civil Application (St) No.11375/2019 There is a delay of 281 days in preferring an appeal.

CAF 134.20.

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Issue notice to the respondents, returnable after eight weeks.

3.

Learned AGP Shri Kadu, waives notice for the respondent no.2.

Civil Application (St) No.11373/2019 Stay is granted to the execution of the impugned judgment and decree subject to deposit of entire decretal amount within the period of 10 weeks.

2.

Application is disposed of.

3.

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