Vidarbha Irrigation Dvpt. Corp. Thr Exe. Engineer, Bembla Proj. Div., Awadhootwadi, Yavatmal And An v. Tulsidas S/O Shyamraoji Nagpure And Others

caf 345 & 346.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 345 OF 2019 WITH CIVIL APPLICATION (CAF) NO. 346 OF 2019 IN FIRST APPEAL (ST.) NO. 16684 OF 2018 [V.I. D.C. and anr. Vs. Tulsidas s/o Shyamraoji Nagpure and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri M. A. Kadu, Advocate for the appellants Shri S. V. Ingole, Advocate for respondent no. 1 Shri Nikhil Joshi, AGP for respondent nos. 2 and 3. CORAM : M. G. GIRATKAR, J.

DATE : 05/08/2019 Heard learned Counsel Shri Kadu for the appellants.

Entire amount of compensation is deposited before the Reference Court and it is also withdrawn by the claimant/respondent no. 1.

The delay is of 2447 days and the same is caused due to administrative difficulties.

The application is opposed by Shri Ingole, learned Counsel for respondent no. 1.

Looking to the grounds mentioned in the application, the application is allowed. The delay is condoned. Appeal be registered.

FIRST APPEAL (FA) NO. OF 20 Heard.

caf 345 & 346.19.odt Shri Ingole, learned Counsel waives notice on behalf of respondent no. 1.

Shri Joshi, learned AGP waives notice on behalf of respondent nos. 2 and 3.

Call R & P.

CIVIL APPLICATION (CAF) NO. 346 OF 2019 Heard.

Entire amount of compensation is deposited before the Reference Court and withdrawn by the claimant/respondent no. 1. Hence, there is no necessity to grant stay.

Accordingly, the application is disposed of.

JUDGE SMGate