Bombay High CourtCAF/414/2019admittedallwdgrantedrule absolute

Vidc Thr. Exe. Engineer, Bembla Canal Division, Yavatmal (Now Bembla Irrigation Division) And ANR v. Mahadeo Fakruji Kamble And Others

2019-01-28Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2801caf414.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.414/2019 IN FIRST APPEAL ST. NO.23996/2018 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Bembla Canal Division, Yavatmal (Now Bembla Irrigation Division, Yavatmal) and another ...Versus...

Mahadeo Fakruji Kamble 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 Vinay Dahat, Counsel for applicants Shri S.D. Sirpurkar, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 28/01/2019 Heard.

For the reasons stated in the application, the same is allowed. Leave to file appeal is granted.

The civil application stands disposed of. No order as to costs.

CIVIL APPLICATION (CAF) ST. NO.24000/2018 Heard.

There is a delay of 388 days caused in filing the appeal. For the reasons stated in the application, the delay

2801caf414.19.odt caused in filing the appeal is condoned. The civil application is allowed. No order as to costs.

FIRST APPEAL ST. NO.23996/2018 Heard.

The learned Counsel for the appellants has submitted that the appellants do not want to prosecute the appeal and pursis to that effect is filed on record. He, therefore, seeks permission to withdraw the first appeal. Learned Assistant Government Pleader for the respondent nos.2 and 3 has no objection for the same. Perused Pursis St. No.785/2019. Permission to withdraw the first appeal is granted.

The first appeal stands disposed of as withdrawn. No order as to costs.

The appellants are entitled for refund of the court fees, as per rules.

JUDGE Wadkar, P.S.