Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Minor Irrigation Division, Wardha And ANR v. Shankar Bakaram Dhongde (Dead) Janardhan Shankarrao Dhondge And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.1258 OF 2021 IN CIVIL APPLICATION (CAF) NO.03 OF 2020 IN FIRST APPEAL STAMP NO.11989 OF 2019 V.I.D.C. through its Executive Engineer, Minor Irrigation Division, Wardha and another Vs.

Shankar Bakaram Dhongde (dead) through LRs and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri J.B. Kasat, Advocate for applicants/appellants. Shri C.R. Najbile, Advocate for non-applicant/respondent Nos.4 to 5. Shri M.A. Kadu, A.G. P. for respondent no.6.

CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 7 th JULY, 2021.

This is an application for supply of correct address of respondent no.2.

(2) Heard.

(3) Shri Najbile, learned counsel waives service of notice on behalf of respondent nos.1 to 5.

(4) Applicants to correct the address of respondent no.2 in appeal memo.

(5)

CIVIL APPLICATION (CAF) NO. 03 OF 2020 (6) Heard.

(7) This is an application for grant of leave to file appeal.

(8) For the reasons recorded in the aforesaid application, the same is allowed. The appellants are permitted to file appeal against the judgment and award dated 16.05.2018 passed by the Civil Judge, Senior Division, Wardha in Land Acquisition Case No. 4 of 2015. (9) Civil Application is disposed of accordingly. CIVIL APPLICATION (CAF) ST.NO. 19991 OF 2019 (10) This is an application for condonation of delay of 291 days, which is caused in filing the first appeal. (11) For the reasons mentioned in the application, the application is allowed. Delay of 291 days is condoned. (12) The application stands disposed of. Appeal be registered.

FIRST APPEAL NO. OF 2021 (13) Heard.

(14) ADMIT.

(15) Shri Najbile, learned counsel waives service of notice on behalf of respondent nos.1 to 5.

(16) Shri M.A. Kadu, learned A.G.P. waives service of notice on behalf of respondent no.6.

(17) Call for record and proceedings.

CIVIL APPLICATION (CAF) ST.NO. 19990 OF 2019 (18) This application is filed by the applicants to stay the execution of impugned judgment and award dated 16.05.2018.

(19) Learned counsel for the applicants submitted that entire amount of award passed by the learned Reference Court in L.A.C. No.4 of 2015 has been deposited in the Reference Court.

(20) In that view of the matter, the execution of the judgment and award dated 16.05.2018 in L.A.C. No.4 of 2015 is hereby stayed during the pendency of this appeal. (21)

CIVIL APPLICATION (CAF) ST.NO. 1258 OF 2021 (22) This application is filed by respondent nos.1 to 5 for withdrawal of the compensation amount of Rs.9,96,312/- deposited by the appellant.

(23) Shri Kasat, learned counsel for the non-applicant/ appellant has raised objection for permitting the said withdrawal.

(24) The applicants (respondent nos.1 to 5) are permitted to withdraw 50% of the said amount by furnishing undertaking on affidavit and remaining 50% of the amount on furnishing one solvent surety.

(25) JUDGE Wagh