Bombay High CourtCAF/1392/2019admittedallwdgrantedrule absolute

V.I.D.C. Thr. Exe. Engineer, Bembla Irrigation Div. (Earlier-Bembla Proj. Canal Div.) Yavatmal v. Bhiva Esaram Sedam (Dead) Thr. Lrs. Chandrabhan @ Chandrakant Bhiva Sidam And Others

2019-08-26Hon'Ble Shri Justice Manish Pitale2 pages

1 caf1392.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application (CAF) No.1392/2019 in F.A. Stamp No.26180/2018 VIDC Through Bembla Irrigation Division, Yavatmal Vs.

Bhiva Sedam (Dead) Through LRs and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Amol Bhole h/f Ms. A.S. Athalye, Advocate for appellant. Ms. Hemlata Jaipurkar, AGP for respondents No.2 and 3. CORAM : MANISH PITALE, J.

DATED : AUGUST 26, 2019 This is an application for condonation of delay of 361 days in filing accompanying appeal. Notice was issued by this Court on 02/04/2019, which was duly served on the respondents, but, none has appeared on behalf of the original claimants (legal heirs) of the respondent No.1. It is relevant that while issuing notice on the application for condonation of delay, stay of the impugned Award passed by the Reference Court was granted subject to the applicant depositing amount of compensation. There is no dispute about the fact that the amount has been deposited.

2 caf1392.19.odt Hence, for the reasons stated in the application, the same is allowed and the delay is condoned.

FIRST APPEAL NO. /2019.

Heard learned counsel for the appellant.

ADMIT.

Ms. Hemlata Jaipurkar, learned AGP waives notice on behalf of the respondents No.3 and 4. Issue notice to the respondents No.1 and 2.

Call for record and proceedings, returnable in four weeks.

JUDGE MP Deshpande