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Bombay High CourtCAF/1279/2017admittedallwdgrantedrule absolute

The Executive Engineer, Bembla Canal Division, Yavatmal v. Shahshikant Bagwantrao Bhagwat And Others

2017-07-20Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

caf1279.17.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.1279 OF 2017 IN FIRST APPEAL STAMP NO.24743 OF 2016 (The Executive Engineer, Bembla Canal Division, Dist. Yavatmal, Now Executive Engineer, Bembla Irrigation Division, Yavatmal Vs. Shashikant Bhagwantrao Bhagwat and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Ms. Gupe, Advocate h/f Shri P.B. Patil, Advocate for Appellant. Ms. Shamsi Haider, AGP for Respondent Nos.2 & 3. CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 20 th JULY, 2017.

This is an application seeking condonation of delay. Respondent No.1 is served, but not appeared. Heard learned Assistant Government Pleader for respondent Nos.2 and 3.

For the reasons stated in para 2 and 3 of the application, as sufficient cause is made out, the delay is condoned and the application is allowed with no order as to costs.

First Appeal Stamp No.24743/2016:

Heard.

Admit.

Call for R & P.

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

caf1279.17.O.odt 2 Ms. Haider, the learned A.G.P. waives service of notice for respondent Nos.2 and 3.

Civil Application (F) No.1280/2017:

As per the order passed by this Court on 16.03.2017, the amount of compensation was to be deposited within a period of twelve weeks. However, as the said amount of compensation is not deposited, the order of stay granted earlier stands vacated.

The application stands disposed of.

JUDGE NSN