Vidarbha Patbandhare Vikas Mahamandal Thr. Executive Engineer, Wan Project Division, Shegaon v. Dasharath Namdev Sabe (Died) Thr. His Lrs. Chandraprabha Dashrath Sabe And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1842 OF 2024 IN FIRST APPEAL ST. NO.11301 OF 2024 [Vidarbha Pathbandhare Vikas Mahamandal .vs. Dasharath Namdev Sabe (died) through L.Rs. and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.A. Kadu, Advocate for Applicant.

Mr. A.S. Deshpande, Advocate for Respondent Nos.1 to 5 & 7 to 10. Ms. Mukta Kavimandan, AGP for Respondent Nos.11 and 12. ..........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 23 rd OCTOBER, 2024.

1.

This is an application for condonation of delay of 76 days caused for filing of the appeal. Perused the application. 2.

Heard the learned advocate for both the sides. 3.

Considering the reasons stated in the application, the application deserves to be allowed as the delay is not deliberately caused.

4.

The application is allowed in the interest of justice. 5.

The delay of 76 days is condoned.

6.

The application is disposed.

Civil Application (F) No.1328/2024 1.

This is an application filed by applicants-respondent nos.1 to 5 and 7 to 10 for withdrawal of an amount deposited in this court by the appellant as per the award passed by the authority under the Land Acquisition Act. Perused the application.

2 14caf1842.24.odt 2.

Heard the learned advocates for both the sides. 3.

Considering the reasons stated in the application, the application deserves to be allowed. The application is allowed in the interest of justice.

4.

Registry is directed to pay 50% amount on usual undertaking and 25% amount on execution of solvent surety along with accrued interest thereon to the applicantsrespondent nos.1 to 5 and 7 to 10. 5.

The application is disposed.

First Appeal St. No.11301/2024 1.

Heard.

2.

Admit.

3.

Issue notice to the respondents.

4.

Mr. A.S. Deshpande, learned advocate waives notice for respondent nos.1 to 5 and 7 to 10.

5.

Ms. Mukta Kavimandan, learned AGP waives notice for respondent nos.11 and 12.

6.

Call for record and proceedings.

(SANJAY A. DESHMUKH, J.) Gulande