Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Minor Irrigation Division, Buldhana v. Bhaskar Shankar Pophle And Others

1 925 caf 4116.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 4116 OF 2019 IN FIRST APPEAL NO. OF 2021 Vidarbha Irrigation Development Corporation, thr. its Executive Engineer ..vs..

Bhaskar Shankar Pophle and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.P. Mahalle, Advocate for applicant/appellant. Shri S.S. Bhalerao, Advocate for respondent nos. 1 and 2. Ms. Trupti Udeshi, A.G.P. for respondent nos. 3 and 4. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 19/01/2021 By this application, the applicants/appellants have sought to condone the delay of 792 days in filing the present appeal against the judgment and award dated 09.02.2017 in L.A.C. No. 58 of 2012.

2.

Learned Counsel for the respondents states that the applicant has not made out sufficient cause to condone the delay.

3.

In view of the reasons stated in paragraph 4 of the application, delay is condoned subject to costs of Rs.5,000/- to be paid to the Government Pleaders Library, Nagpur Bench, Nagpur within the period of two weeks. Civil Application stands disposed of. Appeal be registered. CIVIL APPLICATION (CAF) NO. 4117 OF 2019 Heard.

2.

Learned Counsel for the applicant states that the

2 925 caf 4116.2019 entire amount of compensation as per the impugned judgment and award, has been deposited before the Reference Court.

3.

In the light of the said statement, execution and implementation of the impugned judgment and award is stayed till the disposal of the appeal.

4.

The Civil Application stands disposed of accordingly.

FIRST APPEAL NO. ________ OF 2021 Heard.

2.

ADMIT.

3.

Shri S.S. Bhalerao, learned Counsel and Ms. T. Udeshi, learned Assistant Government Pleader waive notices on behalf of respondent nos. 1 and 2, and for respondent nos. 3 and 4, respectively.

4.

Call for the Records and Proceedings.

5.

Paper book to be filed within six weeks.

JUDGE Trupti