V.I.D.C. Exe. Engineer, Mimna Wardha Project, Canal Division, Wardha v. Rekhatai Sunil Wase And Others

caf.947.20 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.947 of 2020 in First Appeal St.No.24501 of 2019 Vidarbha Irrigation Development Corporation vs.

Rekhatai Sunil Wase & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.M. Kukday, Advocate for the Applicant-Appellant. Ms. H.N. Jaipurkar, A.G.P. for Respondent Nos.2 & 3.

CORAM

: S.M. MODAK, J.

DATE : 22 nd JUNE, 2021.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

Heard.

Today the matter has come up for the first time. There is delay of 24 days caused in preferring the appeal. The appellant took time in obtaining an opinion for preferring an appeal and making arrangement for the finances for the court fee. The delay is satisfactorily explained.

Ms. Jaipurkar, learned A.G.P. waives notice for respondent Nos.2 & 3.

Even if, notice will be issued to respondent No.1-claimant, this Court is going to condone the delay even after appearance. So in order to save the time, the delay can be condoned today itself subject to costs of Rs.500/- to be paid to respondent No.1. Hence, the order :

caf.947.20 2/2 The delay of 26 days in preferring an appeal is condoned subject to payment of costs of Rs.500/- (Rupees Five Hundred Only) to be paid to respondent No.1 within a period of one month from today. The costs be deposited in the Office of this Court.

First Appeal St. No.24501/2019:

Heard.

Admit.

Learned A.G.P. Ms. Jaipurkar waives notice for respondent Nos.2 & 3.

Issue notice to respondent No.1, returnable after eight weeks Call for record and proceedings.

Civil Application [CAF] No.948/2020:

Heard.

Stay is granted to the execution and implementation of the impugned judgment and award subject to deposit of the entire decretal amount within a period of eight weeks.

The application is disposed of.

JUDGE *sandesh