Bombay High CourtCAF/1027/2019admittedallwdgrantedrule absolute

V.I.D.C. Thr. Its Exe. Engineer, Minor Irrigation Division, Karanja Lad, Washim v. Basumati Deepchand Surana And Another

2019-03-05Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

0503caf1027.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.1027/2019 IN FIRST APPEAL ST. NO.27972/2018 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Minor Irrigation Division, Karanja Lad, Tahsil & District - Washim ...Versus...

Basumati Deepchand Surana and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.P. Mahalle, Counsel for applicant CORAM : ARUN D. UPADHYE, J.

DATE : 05/03/2019 Heard.

Issue notice to the respondents.

Learned Counsel Shri P.S. Girdekar waives service of notice for the respondent no.1 and learned Assistant Government Pleader Mrs. H.N. Jaipurkar waives service of notice for the respondent no.2.

Perused the application. There is a delay of 139 days caused in filing the first appeal.

The learned Counsel for the respondent no.1 and learned Assistant Government Pleader for the respondent no.2 have no objection, if the delay is condoned. For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed and disposed of. No order as to costs.

0503caf1027.19.odt FIRST APPEAL ST. NO.27972/2018 Heard.

ADMIT.

Learned Counsel Shri P.S. Girdekar waives service of notice for the respondent no.1 and learned Assistant Government Pleader Mrs. H.N. Jaipurkar waives service of notice for the respondent no.2.

CIVIL APPLICATION (CAF) NO.1028/2019 Heard.

The learned Counsel for the applicant has submitted that the entire 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 entire amount of compensation in this Court within twelve weeks, is granted. The impugned judgment and award dated 13/09/2017 passed by the Civil Judge (Senior Division), Link Court, Mangrulpir in Land Acquisition Case No.187/2013 is hereby stayed, until further orders.

JUDGE Wadkar, P.S.