V.I.D.C. Thr. Executive Engineer, Nimna Wardha Project, Wardha v. Kisna Tukaram Jaisingpure And Others

1 13 caf 506-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 506 OF 2022 IN FIRST APPEAL STAMP NO. 25811 OF 2019 V.I.D.C. through its Executive Engineer, Nimna Wardha Project, Wardha Vs. Kisna Tukaram Jaisingpure 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 V.D. Akhade, Advocate h/f Shri A.M. Kukday, Advocate for the appellants Shri P.A. Dharaskar, Advocate for respondent Nos. 1(A) to (D) Ms H.S. Dhande, AGP for the respondent/State CORAM : SHRI ABHAY J. MANTRI, J.

DATED : 16.07.2025 The applicant/appellant has moved this application to bring the legal representatives of respondent No. 1 on record.

2.

Learned Counsel Shri. P.A. Dharaskar suo moto appeared on behalf of the legal representatives of respondent No.1, i.e. 1A to 1D, and has given no objection to bring their names on record. Similarly, the learned Assistant Government Pleader for respondent Nos. 2 and 3 has given no objection. Considering the reason disclosed in the application and no objections of the learned counsel, the application is allowed as prayed.

3.

Applicant/Appellant is directed to bring the legal representatives of respondent No.1 on record within two weeks, failing which, the appeal shall stand dismissed.

4.

After carrying out the amendment, a copy of the amended application and appeal memo should be supplied to the learned Counsel for the respondents.

2 13 caf 506-2022.odt CIVIL APPLICATION (CAF) N O. 418/2021 Applicant/appellant has filed this application to condone the delay of 320 days caused in filing the appeal. For which, learned Counsel appearing on behalf of the legal representatives of respondent No.1 as well as learned Assistant Government Pleader for respondent Nos. 2 and 3, have given no objections. 2.

Considering the reason disclosed in the application as well as no objection of the learned Counsel and learned Assistant Government Pleader for respondents, the application is allowed as prayed. 3.

Appeal be registered accordingly.

FIRST APPEAL STAMP NO. 25811 OF 2019 Heard.

2.

Issue notice to the respondents, returnable after six weeks.

3.

Learned Counsel Shri. Prasad Dharaskar waives notice on behalf of respondent Nos. 1A to 1D. 4.

Learned Assistant Government Pleader waives notice on behalf of respondent Nos. 2 and 3.

5.

Appellant is directed to deposit the entire awarded amount, along with accrued interest thereon, in the Court, within four weeks.

6.

Call for record and proceedings.

7.

List the matter after receipt of the record and proceedings.

JUDGE Jayashree....