Bombay High CourtCAF/222/2019ca disposed off

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Proj. Division, Yavatmal And ANR v. Pranjal Dnyaneshwar Kadam And Others

2019-02-05Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

0502caf221.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.221/2019 IN FIRST APPEAL ST. NO.16775/2018 Vidarbha Irrigation Development Corporation through its Executive Engineer, Bembla Project Division, Yavatmal, Tq. & Dist. Yavatmal and another ...Versus...

Pranjal Dnyaneshwar Kadam and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.A. Kadu, Counsel for applicants Shri A.P. Kalmegh, Counsel for respondent no.1 Shri S.D. Sirpurkar, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 05/02/2019 Heard.

There is a delay of 765 days caused in filing the first appeal.

For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed. No order as to costs. FIRST APPEAL ST. NO.16775/2018 Heard.

Issue notice to the respondents, returnable on 20/02/2019.

0502caf221.19.odt Learned Counsel Shri A.P. Kalmegh waives service of notice for the respondent no.1 and learned Assistant Government Pleader Shri S.D. Sirpurkar waives service of notice for the respondent nos.2 and 3.

CIVIL APPLICATION (CAF) NO.222/2019 Heard.

The learned Counsel for the applicants has submitted that the entire amount of compensation is deposited in the reference Court.

In view of the statement made on behalf of the applicant, the impugned judgment and award dated 02/02/2016 passed by the Civil Judge, Senior Division, Yavatmal in Land Acquisition Case No.467/2012 is hereby stayed.

The civil application stands disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.