The Executive Engineer, Bemble Canal Division (Bembla Irrigation Division), Yavatmal v. Sudhatai Wasudeo @ Bharatrao Maldhure Thr. P.O.A. Dinesh Ramdasji Kandalkar And Others

caf236.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.236/2018 IN FIRST APPEAL STAMP NO.16508/2017 The Executive Engineer, Bembla Canal Division, (Bembla Project Division, VIDC) Yavatmal .vs. Sudhatai Wasudeo @ Bharatrao Maldhure and ors. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M. A. Kadu, Advocate for applicant.

Mr. A. Balpande, A.G.P. for non applicant-State. CORAM : V.M. DESHPANDE, J.

DATED : OCTOBER 12, 2018 This is an application for condonation of delay in filing the appeal. The delay is of 317 days. Notices on this application were issued. Pursuant to the said notice, non applicant-original claimant appeared through Mr. V. D. Darne, Advocate. When this application was taken up for consideration, non applicant nos. 1 and 2 chose to remain absent. Mr.Balpande, A.G.P. is present for non applicant nos. 3 and 4-State.

Heard learned counsel for the applicant and I have also gone through the contents of the application. I am satisfied that the applicant has made out a case for condonation of delay. Hence, the application is allowed. Delay of 317 days is condoned. Office is directed to register the appeal.

The application is disposed of.

caf236.18.odt First Appeal Stamp No.16508/2017 Heard.

Admit. Call for the record and proceedings.

Mr. Balpande, A.G.P. waives notice for respondent nos. 3 and 4-State Civil Application No.239/2018 This is an application for stay.

Learned counsel for the applicant submits that in view of the earlier order passed by this Court, he has already deposited the entire decreetal amount in this Court.

In that view of the matter, there shall be stay to the execution of the judgment and award dated 18.04.2016 passed by Civil Judge Senior Division, Yavatmal in Land Acquisition Case No.649/2012. The application is disposed of.

JUDGE kahale