Bombay High CourtCAF/1936/2018admittedallwdgrantedrule absolute

The Executive Engineer, Bembla Project Division, Yavatmal v. Vatsalabai Madhukar Adekar And Others

2018-11-24Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2411caf1936.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.1936/2018 IN FIRST APPEAL ST. NO.17115/2017 The Executive Engineer, Bembla Project Division, Yavatmal Tah. and Dist. Yavatmal ...Versus...

Vatsalabai Madhukar Adekar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Amruta Gupta, Counsel h/f Shri P.B. Patil, Counsel for applicant Shri A.B. Nakshane, Counsel for respondent no.1 Mrs. Geeta Tiwari, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 24/11/2018 Heard.

There is a delay of 256 days caused in filing the first appeal.

Having heard the learned Counsel for the applicant and having gone through the contents of the application, I find that sufficient cause is made out for condoning the delay. Hence, the delay caused is condoned. The civil application is allowed. The civil application stands disposed of.

FIRST APPEAL ST. NO.17115/2017 Heard.

ADMIT.

2411caf1936.18.odt Call for record and proceedings.

Learned Counsel Shri A.B. Nakshane waives service of notice for the respondent no.1 and learned Assistant Government Pleader Mrs. Geeta Tiwari waives service of notice for the respondent nos.2 and 3.

CIVIL APPLICATION (CAF) NO.1937/2018 Heard.

Issue notice to the respondents, returnable after Christmas Vacations.

Learned Counsel Shri A.B. Nakshane waives service of notice for the respondent no.1 and learned Assistant Government Pleader Mrs. Geeta Tiwari waives service of notice for the respondent nos.2 and 3.

The applicant/appellant is directed to deposit the entire decretal amount within twelve weeks. Subject to depositing the entire decretal amount within twelve weeks, there shall be stay to the impugned judgment and decree dated 18/5/2016 passed by the Joint Civil Judge (Senior Division), Yavatmal, in Land Acquisition Case No.661/2006 until further orders. JUDGE Wadkar, P.S.