V.I.D.C. Thr. Exe. Engineer, Nimna Painganga Project Division, Yavatmal v. Bandu Meghshyam Vankar And Others

(1) 28.CAF.3948.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3948 OF 2019 IN FIRST APPEAL STAMP NO.13459 OF 2019 Vidarbha Irrigation Development Corporation through Executive Engineer, Nimna Painganga Project Division, Yavatmal Vs.

Bandu Meghshyam Vankar 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. H. D. Marathe, Advocate for appellant.

Mr. A. B. Nakshane, Advocate for respondent No.1. Mr. M. A. Kadu, AGP for respondent Nos.2 and 3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 14/02/2023 1.

By preferring this application, the appellant is seeking condonation of delay of 36 days in filing the appeal.

2.

As per the contention of the appellant, appellant has challenged the judgment and award passed by the 2nd Joint Civil Judge Senior Division, Yavatmal which has awarded the compensation at exorbitant and excessive rate. As per the contention of the appellant, appellant has to obtain the necessary approvals from the higher officials wherein time was consumed, and therefore delay of 36 days is caused.

3.

Mr. Nakshane, learned Advocate for the respondent No.1/original claimant has no objection for condonation of delay. Mr. Kadu, learned AGP has also

(2) 28.CAF.3948.2019 no objection for condonation of delay.

4.

In view of the reasons mentioned in the application, delay of 36 days is condoned.

5.

The appeal be registered.

6.

Civil Application is disposed of.

FIRST APPEAL STAMP NO.13459 OF 2019 1.

Admit.

2.

Mr. Nakshane, learned Advocate waives notice for respondent No.1.

3.

Mr. Kadu, learned AGP waives notice for respondent Nos.2 and 3.

4.

Call for record and proceedings.

5.

The appellant to file private paper book within eight weeks. After receipt of the record and proceedings, stand over after eight weeks.

6.

In the meanwhile, the appellant shall deposit the compensation amount within eight weeks. 7.

Place the matter after the private paper book is filed, and its verification, on the final hearing board as per its turn.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 15:21