V. I. D. C. Through Executive Engineer, Irrigation Project Division, Nagpur v. Vitthal Bhauji Gawande Thr. Lrs. Onkar Vitthal Gawande And Another

CAF1145-17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F. No. 1145/2017 IN FIRST APPEAL ST. NO. 22969/2016 V.I.D.C. THROUGH ITS EXE. ENGINEER, NAGPUR -vs- VITTHAL BHAUJI GAWANDE THROUGH L.Rs. ONKAR VITTHAL GAWANDE AND ANOTHER. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri V.G. Palshikar, counsel for appellant.

Ms. Vrushali Bhuyar, Adv. H/F Shri R.M. Bhangde, counsel for respondent no.1.

Ms. S. Haider, AGP for respondent no.2.

CORAM : DR S.S.PHANSALKAR-JOSHI, J.

DATE : JUNE 09, 2017 Heard learned counsel for the applicant. As the applicant is acquiring body and the presence of applicant is necessary for deciding the dispute involved between the parties, the application is allowed and the applicant is granted leave to file the appeal. The application is disposed of finally.

C.A.F. ST. No. 22971/2016.

This is an application for condonation of delay in preferring the appeal.

Heard learned counsel for the appellant, learned counsel for the respondent no.1 and learned Assistant Government Pleader for the respondent no.2. For the reasons stated in para nos.2 and 3 of the application and as the sufficient cause is made out,

CAF1145-17 2/2 the application is allowed and disposed of finally. FIRST APPEAL ST. No. 22969/2016.

Heard.

ADMIT.

Call for Record and Proceedings.

The appellant to file private paper book within six months from the receipt of Record and Proceedings.

C.A.F. ST. No. 22974/2016.

On the submission made by the learned counsel for the appellant that the entire amount of compensation will be deposited within a period of 8 weeks, the stay is granted to the execution of the impugned judgment and award.

On failure to deposit the amount within the stipulated period, the stay will automatically be vacated without reference of this court.

The application is finally disposed of accordingly.

JUDGE Yenurkar