Bombay High CourtCAF/500/2017dispossed offdismiss for default

Executive Engineer, Minor Irrigation Department, Wardha v. Indirabai Keshavrao Pawar And Others

2017-07-19Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

caf499.17.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.499 OF 2017 IN FIRST APPEAL STAMP NO.23053 OF 2016 (Executive Engineer, Minor Irrigation Department, Dist. Wardha Vs. Smt. Indirabai Keshorao Pawar and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri B.N. Jaipurkar, Advocate for Applicant/Appellant. Shri V.N. Patre, Advocate for Respondent Nos.1 to 3. Ms. Shamsi Haider, AGP for Respondent Nos.4 & 5. CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 19 th JULY, 2017.

Heard learned counsel for applicant, respondent Nos.1 to 3 and learned A.G.P. for respondent Nos.4 and 5. For the reasons stated in paras 2 to 4 of the application, as the sufficient cause is made out, the delay in filing of this appeal is condoned.

The application is allowed with no order as to costs.

First Appeal Stamp No.23053/2016:

Heard.

Admit.

Call for R & P.

Appellant to file private paper-book within a period of six months. After the receipt of R & P.

caf499.17.O.odt 2 Shri Patre, learned counsel waives service of notice for respondent Nos.1 to 3 and Ms. Haider, learned Assistant Government Pleader waives service of notice for respondent Nos.4 and 5.

Civil Application (F) No.2735/2017:

This is an application filed by the respondent Nos.1 to 3 for withdrawal of the entire amount of compensation deposited in the Court.

For the reasons stated in para 3 of the application, the application is allowed. Respondent Nos.1 to 3 are permitted to withdraw the entire amount of compensation deposited in the Court with interest accrued thereon subject to condition of filing usual undertaking and also of furnishing solvent surety/security for 50% of the amount.

The application is disposed of.

Civil Application (F) No.500/2017:

As the entire amount of compensation is deposited in the Court, the ad interim order of stay is confirmed till the decision of the appeal.

The application is disposed of.

JUDGE NSN