V.I.D.C. Nagpur Thr. Exe. Engineer, Medium And Minor Irrigation Sub-Division No. 2, Achalpur And An v. Gunwantrao Kashiraoji Burghate And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 685 OF 2021 IN FIRST APPEAL ST. NO. 18649 OF 2018 (Vidarbha Irrigation Development Corporation & Anr. Vs. Gunwantrao Kashiraoji Burghate & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri J.B. Kasat, Advocate for the appellants. Shri R.J. Shinde, Advocate for respondent No.1. Ms. H.N. Jaipurkar, A.G.P. for respondent Nos.2 and 3.

.....

CORAM : PUSHPA V. GANEDIWALA, J.

AUGUST 21, 2021.

Heard.

2] This is an application filed on behalf of the appellants seeking condonation of 861 days delay caused in filing the First Appeal.

3] It is submitted that this Court in other connected Appeal has condoned the delay.

4] Given the aforesaid submission, so also considering the reasons mentioned in para 2 and 3 of the application, the same is allowed. Delay of 861 days caused in filing the First Appeal stands condoned. Appeal be registered.

FIRST APPEAL NO............../2021.

5] Admit.

6] Shri Shinde, learned counsel, waives service of notice for respondent No.1.

7] Ms. Jaipurkar, learned A.G.P., waives service of notice for respondent Nos.2 and 3. 8] Call R & P.

CIVIL APPLICATION (F) NO. 1549/2021.

9] This is an application seeking withdrawal of amount deposited by the appellants.

10] On due consideration, the application is allowed. The applicant/ respondent No.1 is permitted to withdraw 75% of the decreetal amount along with interest on furnishing usual undertaking before the Registrar (Judicial).

11] Civil Application stands disposed of.

CIVIL APPLICATION (F) NO. 686/2021.

12] This is an application for grant of stay.

13] As the entire decreetal amount has already been deposited by the appellants, there shall be a stay to the effect and operation of the impugned judgment and award dated 01/01/2016 passed by the Joint Civil Judge Senior Division, Achalpur in

Land Acquisition Case No. 36/2007, pending decision of this Appeal.

14] Civil Application stands disposed of.

JUDGE Sumit