Bombay High CourtCAO/708/2017dispossed offdismiss for default

Executive Engineer Minor Irrigation Project Pusad Tah. Pusad Yavatmal v. Pralhad Bhika Jadhav And Others

2017-07-13Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

caf49.17.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.49 OF 2017 IN FIRST APPEAL STAMP NO.12377 OF 2016 (Executive Engineer, Minor Irrigation Project, Pusad, Dist. Yavatmal Vs. Pralhad Bhika Jadhav 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 Anoop Parihar, Advocate for Appellant.

Shri V.N. Patre, Advocate for Respondent No.1. Ms. Shamsi Haider, AGP for Respondent Nos.2 & 3. CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 13 th JULY, 2017.

This is an application for condonation of delay. Learned counsel for respondent No.1 submits that he has no objection to condone the delay. Hence, for reasons stated in para 2 and 3 of the application, as sufficient cause is made out, the delay is condoned. The application is allowed and disposed of with no order as to costs.

First Appeal Stamp No.12377/2016:

Heard.

Admit.

Call for R & P.

Shri Patre, the learned counsel waives service of notice for respondent No.1.

caf49.17.O.odt 2 Ms. Shamsi Haider, the learned A.G.P. waives service of notice for respondent Nos.2 and 3. Civil Application (F) No.50/2017:

As the entire amount of compensation is deposited in the Court. The stay application stands disposed of.

Civil Application (O) No.708/2017:

This is an application for withdrawal of the amount of compensation deposited in the Court. In view of the reasons given in the application, the respondent No.1 is permitted to withdraw the amount subject to furnishing solvent surety/security for 50% of the amount to the satisfaction of the Registrar (Judicial) of this Court. Application is disposed of.

JUDGE NSN