V.I.D.C. Nagpur Thr. Exe. Engineer, Amravati Irrigation Division, Amravati And Another v. Gulam Hussain Abdul Hussain And Others

caf 245,817,818.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 245 OF 2019 with CIVIL APPLICATION (CAF) NO. 817 OF 2019 with CIVIL APPLICATION (CAF) NO. 818 OF 2019 in FIRST APPEAL (ST.) NO. 27909 OF 2018 [V.I.D.C. and anr. Vs. Gulam Hussain Abdul Hussain and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri Vijay Dahat, Advocate for the appellants/applicants Shri Nikhil Joshi, AGP for respondent nos. 2 and 3 CORAM : M. G. GIRATKAR, J.

DATE : 14/08/2019 Heard learned Counsel Shri Dahat for the appellants/applicants and Shri Joshi, learned AGP for respondent nos. 2 and 3.

The entire amount of compensation is deposited before this Court.

The delay is of 1034 days and the same is caused due to administrative difficulties.

None appeared for respondent no. 1.

Looking to the grounds mentioned in the applications, the Civil Application Nos. 245/2019 and 817/2019 are allowed. The delay is condoned. Appeal be registered.

caf 245,817,818.2019.odt FIRST APPEAL (FA) NO. OF 2019 Heard.

Issue notice to the respondents returnable on 11.09.2019.

Shri Joshi, learned AGP waives notice on behalf of respondent nos. 2 and 3.

CIVIL APPLICATION (CAF) NO. 818 OF 2019 Stay was granted on 16.01.2019, subject to depositing amount of compensation. The amount of compensation is already deposited by the appellants. Hence, stay to the impugned judgment is granted till the decision of the appeal.

The application is disposed of.

JUDGE SMGate