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Bombay High CourtCAF/105/2023ca disposed off

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

2023-02-20Hon'Ble Justice Urmila Joshi Phalke2 pages

(1) 10.caf.1283.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1283 OF 2022 IN FIRST APPEAL NO.187 OF 2019 Vidarbha Irrigation Development Corporation, Nagpur, through its Executive Engineer, Medium and Minor Irrigation Sub-Division, Achalpur and another Vs.

Vasant Devidasrao Gawande and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Vinay V. Dahat, Advocate for appellants.

Mr. S. S. Shingane, Advocate for respondent No.1. Ms. Shamsi Haider, AGP for respondent Nos.2 and 3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 20/02/2023 1.

By this application, respondent No.1 is seeking permission for withdrawal of the amount which is objected by the learned Advocate for the appellants, on the ground that the appellants have challenged the award as the amount awarded by the Reference Court is exorbitant and excessive one. It is further submitted that appellants will file the paper book within four weeks and appeal can be disposed of.

2.

In view of that, this application will be decided along with the appeal.

Civil Application (CAF) No.105/202 1.

By this application, respondent No.1 is seeking early hearing on the ground that he is a senior

(2) 10.caf.1283.2022 citizen and small issue is involved in the appeal. Appellants are also ready for the early hearing. 2.

In view of the reasons mentioned in the application and considering the respondent No.1 is senior citizen, prayer of early hearing is granted. 3.

Civil Application is disposed of.

FIRST APPEAL NO.

OF 20 1.

Appellants to file paper book within four weeks.

2.

On failure of the appellants to file the paper book, appropriate orders will be passed.

3.

Place the matter for final hearing after four weeks.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 15:38