V.I.D.C. Thr. Exe. Engineer, Minor Irrigation Division, Wardha And Another v. Hari Bhiwaji Raut And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAF) No. 278 of 2022 and Civil Application (CAF) No. 1207 of 2021 in First Appeal Stamp No. 11372 of 2019 Vidharbha Irrigation Development Corporation, through its Executive Engineer, Minor Irrigation Division, Wardha

Versus

Hari Bhiwaji Raut and another Office Notes, Office Memoranda of Court' s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri J.B. Kasat, Advocate for the Appellant.

Shri C.R.Najbile, Advocate for the respondent no.1. Shri N.R.Patil, Advocate for the respondent no.2. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 9 th FEBRUARY, 2022.

Shri Kasat, learned counsel for the appellant seeks extension of time to deposit the decreetal amount. He states that the amount will be deposited within one week.

2.

Time to deposit the decreetal amount is extended by one week.

3.

In the light of the statement made by the counsel for the appellant, execution and implementation of the impugned judgment shall stay till further date.

4.

It is made clear that in the event of failure to deposit the decreetal amount, the appeal shall stand dismissed without reference to the Court.

5.

Both civil applications are disposed of.

Civil Application (CAF) No. 277 of 2022 Shri Najbile, learned counsel for the respondent no.1 waives service of notice on behalf of respondent no.1, hence, Civil Application stands disposed of as infractuous.

Civil Application (CAF) No. 1174 of 2021 By this application, the Appellant-Acquiring Body has sought to condone the delay of 281 days in filing the appeal.

2.

Shri Najbile, learned counsel for the respondent no.1 has no objection for condoning the delay. In view of the reasons stated in the application, the delay is condoned. The civil application is disposed of. 3.

Appeal be registered after removing office objections, if any.

First Appeal Stamp No. 11372 of 2019 1.

Heard.

2.

Admit.

3.

Call for the record and proceedings.

4.

Shri Najbile, learned counsel waives service of notice for respondent no.1 and Shri Patil, learned Assistant Government Pleader waives service of notice for the respondent no.2 5.

Private paper-book to be filed within six months.

(SMT. ANUJA PRABHUDESSAI, J.) by SACHINDANAND K NAIR Date: 2022.02.10 17:31:46 +0530 SACHINDANAND K NAIR