Bombay High CourtCAF/3393/2018ca disposed off

V.I.D.C., Nagpur Thr. Exe. Engineer, Medium And Minor Irrigation Sub-Division No. 2 Achalpur And An v. Vasant Devidasrao Gawande And Others

2019-03-27Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2703caf1351.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.1351/2019 IN FIRST APPEAL NO.187/2019 Vidarbha Irrigation Development Corporation, Nagpur through its Executive Engineer, Medium and minor Irrigation Sub-Division No.2, Achalpur and another ...Versus...

Vasant Devidasrao Gawande and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Vinay Dahat, Counsel h/f Shri J.B. Kasat, Counsel for appellants Shri S.S. Shingane, Counsel for respondent no.1/applicant Smt. Hemlata Jaipurkar, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 27/03/2019 Heard.

Perused the application as well as the impugned judgment and award.

After considering the submissions of the learned Counsel for the parties, the respondent no.1/applicant is permitted to withdraw 50% of the amount deposited by the appellants in this Court upon furnishing usual undertaking to the effect that he will refund the amount in case the first appeal is allowed.

Remaining amount be kept in fixed deposit, till final disposal of the first appeal.

2703caf1351.19.odt The civil application stands disposed of accordingly. No order as to costs.

CIVIL APPLICATION (CAF) NO.3393/2018 Heard.

The interim stay granted by this Court vide order dated 22/01/2019 is hereby confirmed, till final disposal of the first appeal.

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

JUDGE Wadkar, P.S.