V. I. D. C. Through Executive Engineer, Minor Irrigation Divison, Washim And Another v. Sheshrao Nagoraoji Kale And 2 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAO) No.156/2020 AND Civil Application (CAO) No.157/2020 IN Civil Application (CAF) No.793/2019 IN First Appeal Stamp No.26299/2018 V.I.D.C. through its Executive Engineer, Minor Irrigation Division, Washim & Anr. Vs. Sheshrao Nagoraoji kale & Ors.

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

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Amit Kukday, Advocate h/f Shri H.D. Marathe, Advocate for the Appellants. Shri Amol Darekar, Advocate for Respondent Nos.1(a) to 1(f). Shri M.A. Kadu, AGP for Respondent Nos.2 and 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 4 th MARCH, 2021.

The applicants have filed these applications to condone the delay for setting aside of abatement and bringing on record the legal representatives of respondent No.1.

Learned Counsel, who is representing the legal representatives of respondent No.1, has no objection. Hence, delay is condoned. Abatement is set aside. The legal representatives of deceased - respondent No.1 are ordered to be brought on record. Cause title be amended within one week. The civil applications stand disposed of.

Civil Application (CAF) No.793/2019 Shri Amol Darekar, learned Counsel waives service of

2/3 notice on behalf of the legal representatives of the deceased - respondent No.1 and Shri M.A. Kadu, learned AGP waives service on behalf of respondent Nos.2 and 3.

In view of the reasons stated in the application, the application is allowed. Delay is condoned.

The civil application stands disposed of.

Appeal be registered after removing office objections, if any.

Civil Application (CAF) No.794/2019 Learned Counsel for the applicants states that principal amount is deposited before the Reference Court and the balance amount will be deposited before this Court within one week. In the light of the said statement, execution and implementation of the impugned judgment and award is stayed till the disposal of the appeal. In the event, the appellants fail to deposit the amount within one week, the interim relief shall stand vacated without further reference to the Court.

The civil application stands disposed of.

First Appeal Stamp No.26299/2018 Heard. Arguable points are raised. Hence, admit. Shri Amol Darekar, learned Counsel waives service of notice on behalf of the legal representatives of the deceased -

3/3 respondent No.1 and Shri M.A. Kadu, learned AGP waives service on behalf of respondent Nos.2 and 3.

Call for the record and proceedings.

Paper-book to be filed within six months.

(SMT. ANUJA PRABHUDESSAI, J.) vijay