← Library
Bombay High CourtCAF/4251/2019admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Minor Irrigation Division, Washim v. Bhaurao S/O Narayan Tayade And Another

2020-01-17Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

33-fast-26274.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Civil Application(CAF) No. 4251/2019 IN First Appeal(St) No. 26274/2018 (Vidarbha Irrigation Development Corporation thr. Executive Engineer Vs. Bhaurao Narayan Tayade & Others) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mrs. U. A. Patil, Advocate for the Appellant CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 17 th JANUARY, 2020.

Heard.

It is submitted that the applicant Vidarbha Irrigation Development Corporation (VIDC) proposes to challenge the judgment and decree dated 13.01.2017 passed by Civil Judge (Senior Division), Link Court, Mangrulpir in L.A.C. No.268/2013. It is further submitted that the applicant was not made a party in the said reference proceeding. Learned counsel seeks leave to challenge the aforesaid judgment and decree. Learned A.G.P submits to pass an appropriate order.

The applicant - V.I.D.C.- the acquiring body, being the aggrieved person is permitted in law to prefer an appeal. In this view of the matter, the application is allowed and stands disposed off.

33-fast-26274.18 CIVIL APPLICATION NO. 26277/2018 IN FIRST APPEAL ST.NO. 26274/2018 Heard.

Issue notice to respondents, returnable on 14.02.2020.

Shri A.M.Joshi, learned A.G.P. waives notice for respondent no.2.

CIVIL APPLICATION NO. 26278/2018 IN FIRST APPEAL ST.NO. 26274/2018 Heard.

Issue notice to respondents, returnable on 14.02.2020.

Shri A.M.Joshi, learned A.G.P. waives notice for respondent no.2.

In the meantime, the execution of the judgment and order dated 13.01.2017 passed by the Civil Judge, Senior Division, Link Court, Mangrulpir in L.A.C. No. 268/2013 shall stand stayed subject to deposit the balance of decretal amount alongwith all statutory benefits and interest within a period of 12 weeks.

JUDGE sknair