V.I.D.C. Thr. Exe. Engineer, Bembla Canal Div., Yavatmal (Now Bembla Irrigation Division, Yavatmal) v. Shyam Narayan Burewar And Others

35. CAF 2652 of 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.2652/2019 IN FIRST APPEAL ST. NO.19723/2018 Vidarbha Irrigation Development Corporation through its Executive Engineer, Bembla Canal Division, Yavatmal (Now Bembla Irrigation Division, Yavatmal) ...Versus...

Shyam Narayan Burewar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri Vinay Dahat, Advocate for applicant Shri K.S. Narwade, Advocate for respondent no.1 Shri M.A. Kadu, AGP for respondent nos.2 and 3 CORAM : AVINASH G. GHAROTE, J.

DATE : 22/11/2022 1.

The application seeks leave to file appeal on the ground that the acquisition is for the benefit of the appellant. 2.

Advocate Shri K.S. Narwade appears for the respondent no.1. Shri M.A. Kadu, learned Assistant Government Pleader for the respondent nos.2 and 3/State has no objection, considering which, leave is granted. The civil application is allowed and disposed of accordingly. CIVIL APPLICATION (CAF) NO.1033/2020 Advocate Shri K.S. Narwade takes notice for the respondent no.1 and Assistant Government Pleader Shri M.A. Kadu takes notice for the respondent nos.2 and 3 and give no objection, considering which, the delay in filing the appeal is condoned. The civil application is allowed. Office to register the appeal.

35. CAF 2652 of 2019.odt FIRST APPEAL ST. NO.19723/2018 1.

Advocate Shri K.S. Narwade appears for the respondent no.1 and Assistant Government Pleader Shri M.A. Kadu appears for the respondent nos.2 and 3.

2.

Shri Narwade, learned counsel for the respondent no.1 submits that First Appeal No.883/2019, challenging the same judgment in reference, has already been admitted by this Court, considering which, ADMIT.

3.

Advocate Shri K.S. Narwade waives service of notice for the respondent no.1 on merits and Assistant Government Pleader Shri M.A. Kadu waives service of notice for the respondent nos.2 and 3 on merits.

4.

Tag the present appeal with First Appeal No.883/2019.

5.

Since the paper-book has already been filed in First Appeal No.883/2019, filing of paper-book in the present appeal is dispensed with.

CIVIL APPLICATION (CAF) NO.1034/2020 Since the amount is already deposited in terms of the order dated 06/03/2020, the civil application stands disposed of.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR