Bombay High CourtCAF/805/2019admittedallwdgrantedrule absolute

V.I.D.C. Through Exe. Engineer, Minor Irrigation Division, Washim And Another v. Laxman Dagduji Chavan And Others

2019-02-20Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2002caf805.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.805/2019 IN FIRST APPEAL ST. NO.25731/2018 Vidarbha Irrigation Development Corporation, through Executive Engineer, Minor Irrigation Division, Washim, Dist. Washim and another ...Versus...

Laxman Dagduji Chavan 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 H.D. Marathe, Counsel for applicants Shri A.B. Darekar, Counsel for respondent nos.1 Mrs. H.N. Jaipurkar, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 20/02/2019 Heard.

Perused the application. There is a delay of 269 days caused in filing the first appeal.

For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed and disposed of. No order as to costs. FIRST APPEAL ST. NO.25731/2018 Heard.

ADMIT.

Call for record and proceedings.

2002caf805.19.odt Learned Counsel Shri A.B. Darekar waives service of notice for the respondent nos.1 and learned Assistant Government Pleader Mrs. H.N. Jaipurkar waives service of notice for the respondent nos.2 and 3.

CIVIL APPLICATION (CAF) NO.806/2019 Heard.

The learned Counsel for the applicants/appellants has submitted that he will deposit the entire decretal amount in this Court, within twelve weeks.

Permission to deposit the entire decretal amount, within twelve weeks, is granted.

In view of the statement made on behalf of the applicants/appellants, the impugned judgment and award dated 1/4/2017 passed by the Civil Judge, Senior Division, Link Court, Mangrulpir in Land Acquisition Case No.386/2013 is hereby stayed, until further orders. JUDGE Wadkar, P.S.