Vidarbha Irrigation Development Corporation Thr. Executive Engg., Minor Irrigationi Devision, Washi v. Pandurang Gunaji Pandhare And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.484/2019 IN FIRST APPEAL ST. NO.26224/2018 Vidarbha Irrigation Development Corporation - through Executive Engineer, Minor Irrigation Division, Washim, Distt. Washim ...Versus...

Pandurang Gunaji Pandhare and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. U.A. Patil, Counsel for applicant Shri Amol Darekar, Counsel for respondent no.1 Shri S.D. Sirpurkar, AGP for respondent no.2 CORAM : ARUN D. UPADHYE, J.

DATE : 31/01/2019 Heard.

Perused the application. For the reasons stated in the application, the same is allowed. Leave to file the appeal is granted.

The civil application stands disposed of accordingly. No order as to costs.

CIVIL APPLICATION (CAF) ST. NO.26227/2018 Issue notice to the respondents.

Learned Counsel Shri Amol Darekar waives service of notice for the respondent no.1 and learned

Assistant Government Pleader Shri S.D. Sirpurkar waives service of notice for the respondent no.2.

Perused the application. There is a delay of 473 days caused for filing the first appeal.

For the reasons stated in the application, the delay caused for filing the first appeal is condoned. The civil application is allowed. No order as to costs. FIRST APPEAL ST. NO.26224/2018 Heard.

ADMIT.

Call for record and proceedings.

Learned Counsel Shri Amol Darekar waives service of notice for the respondent no.1 and learned Assistant Government Pleader Shri S.D. Sirpurkar waives service of notice for the respondent no.2.

CIVIL APPLICATION (CAF) ST. NO.26229/2018 Heard.

The learned Counsel for the applicant has submitted that the principal amount is deposited before the reference Court and remaining amount of compensation will be deposited in this Court, within twelve weeks.

In view of the statement made on behalf of the applicant, permission to deposit the remaining amount of compensation in this Court, within twelve weeks, is granted. The impugned judgment and decree dated 12/1/2017 passed by the Civil Judge Senior Division, Link Court, Mangrulpir, Washim in Land Acquisition Case No.174/2013 is hereby stayed, until further orders.

JUDGE Wadkar, P.S.