Bombay High CourtCAF/3071/2018admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation Through Its Executive Engineer, Buldhana v. Dhanaji Raybhan Khadebharad And 2 Others

2018-10-19Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1910caf913.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.913/2017 IN FIRST APPEAL NO.718/2017 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Khadakpura Project, Deulgaon Mahi, Tah. Deulgaon Raja, Dist. Buldhana ...Versus...

Dhanaji Raybhan Khadebharad and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.M. Gaidhane, Counsel for appellant/applicant Ms Vidya Umale, Counsel h/f Shri Abhijit Khare, Counsel for respondent no.1 Shri S.B. Bissa, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 19/10/2018 Heard.

Learned Counsel for the appellant/applicant submitted that the entire decretal amount has been deposited in this Court and therefore the impugned judgment and award under challenge may be stayed.

Considering the submissions of the learned Counsel for the appellant/applicant and as the entire decretal amount has been deposited in this Court, the impugned judgment and award dated 2/5/2014 passed by the Joint

1910caf913.17.odt Civil Judge, Senior Division, Buldhana in L.A.C. No.10/2006 is stayed till disposal of the appeal.

The civil application stands disposed of.

CIVIL APPLICATION (CAF) NO.3071/2018 Heard.

Having heard the learned Counsel for the applicant/respondent no.1-claimant and having gone through the contents of the application, the civil application is allowed. The applicant/respondent no.1-claimant is permitted to furnish solvent security instead of solvent surety and the order dated 7/2/2018 passed in Civil Application (CAF) No.370/2018 is modified to that extent only. The civil application stands disposed of.

JUDGE Wadkar, P.S.