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Bombay High CourtCAF/2904/2024allowed

V.I.D.C., Through Executive Engineer, Purna Medium Project Division, Achalpur v. Mohd Usman Jamaloddin (Dead) Thr. Lrs. Mohd Iqbal Usman And Others

2025-06-27Hon'Ble Shri Justice Sachin S. Deshmukh2 pages

76 caf 2904.24.odt...odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2904 OF 2024 IN FIRST APPEAL ST NO. 16007 OF 2023 V.I.D.C. through Executive Engineer, Amravati Irrigation Division, Achalpur .Vs.

Mohd. Usman Jamaloddin (Dead) thr. LRs and others _________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms Ashwini Athalye, Advocate for applicant Ms Prachi Joshi, AGP for respondent Nos.2 and 3 Mr. Paras Rathi, Advocate h/f Mr. Abhijit Deshmukh for respondent No.1 CORAM : SACHIN S. DESHMUKH, J.

DATE : 27/06/2025 Heard learned counsel for the applicant. There is a delay of 51 days caused in filing the appeal. 2.

Considering the reasons stated in the application and the no objection by the contesting litigant, the delay caused in filing the appeal is hereby condoned. The civil application is allowed. Appeal be registered. 3.

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

CIVIL APPLICATION (CAF) NO. 2905 OF 2024 1.

Heard.

2.

Learned Counsel for the applicant, on instructions, states that applicant is ready to deposit entire amount awarded by the Reference Court along with interest accrued therein within ten weeks with this Court.

76 caf 2904.24.odt...odt 3.

In view of the above there shall be stay to the execution of impugned judgment and decree dated 24.02.2022 in Case No.1249/AMT/AMT/2020 passed by Presiding Officer, Land Acquisition Rehabilitation and Resettlement Authority, Nagpur subject to deposit of the entire amount within ten weeks failing which stay shall stand vacated without further reference to the Court.

4.

The application stands disposed of.

FIRST APPEAL ST NO. 16007 OF 2023 1.

Heard.

2.

ADMIT.

3.

Mr. Paras Rathi, Advocate h/f Mr. Abhijit Deshmukh, learned Advocate waives service of notice for respondent No.1.

4.

Ms Prachi Joshi, AGP waives service of notice for respondent Nos.2 and 3.

5.

Call for record and proceedings.

(SACHIN S. DESHMUKH, J.) manisha