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Bombay High CourtCAF/387/2018admittedallwdgrantedrule absolute

Executive Engineer (V.I.D.C.) Akola Irrigation Division, Akola And Another v. Jitendrakumar S/O Madanlal Chitlange And Others

2019-03-26Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

14 caf387.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 387 OF 2018 IN FIRST APPEAL STAMP NO. 12320 OF 2017 Executive Engineer (V.I.D.C), Akola Irrigation Division, Akola and another. V/s Jitendrakumar s/o Madanlal Chitlange 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 K.P.Mahalle, counsel for the applicants/appellants Shri I.J. Damle, AGP for the non-applicant/respondent No.3. CORAM: ARUN D. UPADHYE, J.

DATE: 26-03-2019.

Heard Shri K.P.Mahalle, learned counsel for the applicants/appellants and Shri I.J. Damle, learned AGP for non-applicant No.3.

None appeared for the non-applicant/ respondent Nos. 1 and 2, though served.

Perused the application. There is delay of 356 days in filing the appeal. For the reasons stated in the application, delay is condoned. Civil application is allowed. FIRST APPEAL STAMP NO. 12320/2017.

Heard.

Admit.

Call for record and proceedings.

Shri I.J. Damle, learned AGP waives notice for the respondent No. 3.

14 caf387.18.odt CIVIL APPLICATION (CAF) NO. 388/2018.

Heard learned counsel for the applicants.

Learned counsel for the applicants has submitted that entire amount of compensation will be deposited within twelve weeks and prays that the execution of impugned order be stayed.

In view of the statement made by the learned counsel for the applicants, permission is granted to deposit the entire amount of compensation within twelve weeks. The impugned judgment and award dated 10/02/2016 passed by the Joint Civil Judge, Senior Division, Akola in L.A.C. No. 204/2012 is hereby stayed, until further orders.

JUDGE rkn