Bombay High CourtCAF/1423/2019admittedallwdgrantedrule absolute

V.I.D.C. Thr. Exe. Engineer, Canal Division, Bembla Project, Yavatmal And Another v. Savita Sharadrao Uttarwar (Dead) Thr. Lrs. Sharadchandra Ramchandra Uttarwar And Others

2019-03-29Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1 938-a caf1423.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1423 OF 2019 IN FIRST APPEAL STAMP NO. 24148 OF 2018 Vidarbha Irrigation Development Corporation, thr. Executive Engineer, Canal Division, Bembla Project, Yavatmal and another.

..VS..

Savita Sharadrao Uttarwar (dead) through legal heirs Sharadchyandra Ramchandra Uttarwar and others.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Pranita Choube, counsel h/f Mrs. Anjali Joshi, counsel for the applicants/ appellants.

Shri I.J. Damle, AGP for the respondent Nos. 4 and 5. CORAM : ARUN D. UPADHYE, J.

DATED : 29/03/2019 Heard learned counsel for the appellants as well as learned Assistant Government Pleader for the respondent Nos. 4 and 5.

Perused the application. For the reasons stated in the application, appellant is permitted to file the appeal as prayed for. Civil application is allowed.

CIVIL APPLICATION STAMP NO. 24152 OF 2018.

Heard.

Issue notice to the non-applicants/respondents, returnable on 26/04/2019.

Shri I.J. Damle, learned counsel waives notice for respondent Nos. 4 and 5.

CIVIL APPLICATION (ST) NO. 24153 OF 2018.

Heard learned counsel for the applicants/ appellants.

Perused the application. Learned counsel for the

2 938-a caf1423.19 appellant has submitted that already principal amount deposited before the Reference Court and remaining amount would be deposited within twelve weeks in this Court. In view of the statement made on behalf of the appellant permission is granted to deposit the remaining amount within twelve weeks.

The impugned judgment and award order dated 14/11/2017 passed by the Civil Judge, Senior Division, Yavatmal in L.A.C. No. 209/2011 is hereby stayed, until further orders.

JUDGE rkn