V.I.D.C. Thr. Executive Engineer, Canal Division, Bembla Project, Yavatmal And Another v. Nilima Rameshrao Deshmukh And Others

17-acaf554.19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 554/2019 IN FIRST APPEAL STAMP NO. 20200/2018 V.I.D.C., through E.E. Bembla Project Canal Division, Yavatmal, Dist. Yavamtal and another V/s Nilima Rameshrao Deshmukh and others.

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

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Mrs. P.P. Choube, counsel for the applicants. Shri R.M. Pande, counsel for the non-applicant Nos.1 to 3. Ms H.N.Jaipurkar, AGP for the non-applicant Nos. 4 to 5. CORAM: ARUN D. UPADHYE , J.

DATE: 07-03-2019.

Heard learned counsel for the applicants.

Perused the application. For the reasons stated in the application, application is allowed.

The applicants is permitted to leave to file appeal. CIVIL APPLICATION (CAF) NO. 885/2019.

Heard learned counsel for the parties.

Perused the application. There is delay of 346 days in filing the appeal. For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed.

17-acaf554.19.odt 2 FIRST APPEAL STAMP NO.20200/2018 Heard.

Admit Call record and proceedings.

Learned Assistant Government Pleader Ms H.N. Jaipurkar waives service of notice for the respondent nos.2 and 3.

CIVIL APPLICATION (CAF) NO. 886/2019 Heard learned counsel for the applicants.

Learned counsel for the applicants has submitted that already principal amount is deposited before the learned Reference Court and remaining amount of compensation will be deposited in this Court within twelve weeks and prays that the execution of the impugned order be stayed.

In view of the statement made by the learned counsel for the applicants, permission is granted to deposit the remaining amount of compensation within twelve weeks.

The impugned judgment and decree dated 22.04.2017 passed by Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No.106/2013 is hereby stayed, until further orders.

JUDGE rkn