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

10caf3392.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 3392/2018 IN FIRST APPEAL STAMP NO. 18679/2018 V.I.D.C., through Executive Engineer, Achalpur and another Vs.

Vasant Devidasrao Gawande and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri Vinay Dahat, counsel for the applicants/appellants. Smt Geeta Tiwari, AGP for the non-applicant/respondent Nos. 2 and 3. CORAM: ARUN D. UPADHYE , J.

DATE: 22-01-2019.

Heard.

Shri Vinay Dahat, learned counsel for the applicants/ appellants and Smt Geeta Tiwari, learned AGP for the nonapplicant/respondent Nos. 2 and 3. None for the nonapplicant/respondent No.1, though served. Perused the application. There is a delay of 1255 days in filing the first appeal. Considering the reasons stated in the application, the delay is condoned.

The civil application is allowed.

FIRST APPEAL STAMP NO.18679/2018 Heard.

Admit

10caf3392.18.odt 2 Call for record and proceedings.

Smt Geeta Tiwari, learned AGP waive notice for the respondent Nos. 2 and 3.

CIVIL APPLICATION (CAF) NO. 3393/2018 Heard learned counsel for the applicants/appellants. Shri Vinay Dahat, learned counsel for the applicants/ appellants have submitted that the entire decreetal amount of compensation will be deposited within twelve weeks and prays that the execution of impugned order be stayed. In view of the statement made by the learned counsel for the applicants/appellants, permission is granted to deposit the entire amount of compensation within twelve weeks. The impugned judgment and award dated 04/12/2014 passed by the learned Joint Civil Judge, Senior Division, Achalpur in L.A.C. No. 30/2009, is hereby stayed till further order.

JUDGE rkn