Bombay High CourtCAF/893/2019admittedallwdgrantedrule absolute

Executive Engineer, Medium Irrigation Project Division, Yavatmal And Another v. Maroti S/O Devla Rathod And Others

2019-02-25Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2502caf893.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.893/2019 IN FIRST APPEAL ST. NO.20089/2018 Executive Engineer, Medium Irrigation Project Division, Yavatmal Tq. And Dist. Yavatmal and another ...Versus...

Maroti s/o Devla Rathod 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 A.R. Bhole, Counsel for applicants CORAM : ARUN D. UPADHYE, J.

DATE : 25/02/2019 Heard.

Issue notice to the respondents.

Learned Counsel Shri J.A. Malnas waives service of notice for the respondent no.1 and learned Assistant Government Pleader Mrs. Geeta Tiwari waives service of notice for the respondent nos.2 and 3.

After hearing the learned Counsel for the parties and after perusal of the application, the delay of 331 days caused in filing the first appeal is condoned. The civil application is allowed and disposed of. No order as to costs.

2502caf893.19.odt FIRST APPEAL NO.20089/2018 Heard.

ADMIT.

Call for record and proceedings.

CIVIL APPLICATION (CAF) NO.895/2019 Heard.

The learned Counsel for the applicants submitted that he will deposit the entire decretal amount in this Court within ten weeks.

In view of the statement made on behalf of the applicants, permission to deposit the entire decretal amount in this Court within ten weeks, is granted. The impugned judgment and award dated 27/3/2017 passed by the Civil Judge, Senior Division, Darwha in Land Acquisition Case No.75/2010 is hereby stayed, until further orders. JUDGE Wadkar, P.S.