Bombay High CourtCAF/2270/2019ca disposed off

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Irrigation Div., Yavatmal And ANR v. Vitthal Chindhuji Nagrale (Since Dead) Thr. Lrs. Baban Vithal Nagrale And Others

2020-01-02Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

0201caf2270.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2270 OF 2019 IN FIRST APPEAL ST. NO. 19687 OF 2018 (Vidarbha Irrigation Development Corporation thr. its Executive Engineer, Bembla Irrigation Division, Yavatmal & Anr. vs. Vitthal Chindhuji Nagrale since dead thr. LRs Baban Vithal Nagrale & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

CORAM : PUSHPA V. GANEDIWALA, J.

JANUARY 02, 2020.

Heard Shri N.V. Dahat, Advocate holding for Shri J.B. Kasat, learned counsel for the applicants and Shri S.M. Uke, learned Additional GP for respondent Nos. 5 & 6.

For the reasons stated in the application, the applicant - Vidarbha Irrigation Development Corporation (V.I.D.C.) being proper party, is permitted to file Appeal against the judgment and Award dated 16.01.2017 passed by the 2nd Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No. 783 of 2012. Application stands disposed of accordingly. Civil Application St. No. 19691 of 2018 for condonation of delay be registered.

C.A. ST. NO. 19691 OF 2018 AND FIRST APPEAL ST. NO. 19687 OF 2018 Heard.

Issue notice to the respondents, returnable on 30.01.2020.

0201caf2270.19 Shri S.M. Uke, learned Additional GP waives notice for respondent Nos. 5 & 6.

C.A. ST. NO. 19689 OF 2018 Heard the learned counsel for the parties.

This is an application filed by the applicants under Order 41, Rule 5 read with Section 151 of the Code of Civil Procedure for grant of stay. Interim stay to the execution of judgment and Award dated 16.01.2017 passed by the 2nd Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No. 783 of 2012 subject to the applicants depositing the entire decretal amount with all statutory benefits and interest till date.

JUDGE *GS.