Executive Engineer, Lower Wardha Canal Division, Vidarbha Irrigation Devp. Corporation, Wardha v. Vitthal Sitaram Digambar, Being Deceased Rep. By His Lrs. Vichhalabai Vitthalrao Digambar And Other

2203caf2976.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.2976 of 2015 In First Appeal Stamp No.19496 of 2015 (The Executive Engineer, Lower Wardha Canal Division, VIDC, Wardha v. Vitthal Sitaram Digambar, being deceased, represented by his LRs. Vachhalabai Vitthalrao Digambar and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.S. Godbole, Advocate for Applicant/Appellant. Shri J.P. Deshmukh, Advocate for Respondent Nos.1 to 6. Shri H.R. Dhumale, AGP for Respondent Nos.7 and 8. Coram : R.K. Deshpande, J.

Date : 22 nd March, 2016 Civil Application (CAF) No.2976 of 2015 :

This is an application for condonation of 110 days of delay caused in filing an appeal under Section 54 of the Land Acquisition Act, 1894.

After hearing the learned counsels appearing for the parties and after going through the averments made in the application, which remained uncontroverted, I am satisfied that a sufficient cause is made out for condonation of delay. Hence, the civil application is allowed. The delay caused is condoned.

The civil application is disposed of.

2203caf2976.15.odt First Appeal Stamp No.19496 of 2015 :

Heard the learned counsels for the parties on the merits of the matter.

Admit.

Respective counsels waive service of notice.

Call for R & P.

The learned counsel for the appellant submits that the cheque is ready with him for depositing the amount in this Court. Hence, the appellant is permitted to deposit the amount in this Court within a period of three weeks from today. The interim order passed by this Court shall continue to operate pending the decision of the appeal.

Judge.

Lanjewar