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Bombay High CourtCAF/502/2017admittedallwdgrantedrule absolute

Executive Engineer, Minor Irrigation Department, Wardha v. Vasudeo Ghanshyam Sagne (Dead), Thr. Lrs Smt. Antakalabai W/O Vasudeo Sagne And Others

2017-08-03Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

0308 CAF 501-2017 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F. No. 501/2017 IN FIRST APPEAL ST. No. 23057/2016 (EXE. ENGINEER, MINOR IRRIGATION DEPARTMENT, DISTT. WARDHA -vs- VASUDEO GHANSHYAM SAGNE (DEAD) THROUGH SMT. ANTAKALABAI VASUDEO SAGNE AND OTHERS) ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri B.N. Jaipurkar, counsel for appellant.

Shri C.R. Najbile, counsel for respondent nos.1(a) to 1(e) & 2. Shri M.A. Kadu, AGP for respondent nos.3 and 4. CORAM: DR. SMT. SHALINI PHANSALKAR-JOSHI, J.

DATE : AUGUST 03, 2017.

This is an application for condonation of delay of 492 days in preferring the appeal.

Learned counsel for respondent nos.1(a) to 1(e) and 2, Shri Najbile submits that he has no objection to condone the delay.

Hence, for the reasons stated in the application, as sufficient cause is made out, the delay is condoned.

Application is allowed and disposed of, with no order as to costs.

C.A.F. No. 502/2017.

As the entire amount of compensation is deposited in the court, earlier order of stay is continued till decision of appeal.

Application is disposed of accordingly.

0308 CAF 501-2017 2/2 C.A.O. No. 992/2017.

This is an application for withdrawal of the amount of compensation deposited in the court. Taking into consideration the requirement of the claimants, they are permitted to withdraw 50% of the amount on usual undertaking and 50% of the amount on furnishing of solvent surety/security. Application is disposed of accordingly.

FIRST APPEAL ST. No. 23057/2016.

Heard.

ADMIT.

Call for R and P.

Appellant to file private paper book within six months after receipt of R and P.

Notice to respondent nos.1(a) to 1(e) and 2 is waived by counsel Shri Najbile, whereas notice to respondent nos.3 and 4 is waived by AGP.

JUDGE Yenurkar