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Bombay High CourtCAF/3015/2024ca disposed off

V.I.D.C., Through Executive Engineer, Purna Medium Project Division, Amravati v. Dnyaneshwar Ramkrushna Ingle (Dead) Thr. Lrs. Smt. Usha Dnyaneshwar Ingle And Others

2024-10-18Hon'Ble Shri Justice Sanjay Anandrao Deshmukh3 pages

1 12-CAF-3014-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 3014 OF 2024 IN FIRST APPEAL ST. NO. 22247 OF 2023 VIDHARBHA IRRIGATION DEVELOPMENT CORPORATION Vrs.

DNYANESHWAR RAMKRUSHNA INGLE (DEAD) THROUGH HIS LEGAL HEIRS AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Ashwin Bhagwat, Advocate h/f Shri U. A. Gosavi, Advocate for applicant/appellant.

Shri Paras Rathi, Advocate for respondent Nos.1 to 3. Ms.Mukta Kavimandan, AGP for respondent Nos.4 and 5. CORAM: SANJAY A. DESHMUKH, J.

DATE : 18/10/2024.

1.

On the oral request of learned advocate for the applicant, applicant is permitted to correct the respondent Nos.2 and 3 as respondent Nos.4 and 5. 2.

Amendment be carried out forthwith.

3.

4.

5.

6.

Perused the application.

7.

Heard learned advocates for both sides.

8.

Learned advocate for the applicant pointed out the grounds for condonation of delay.

2 12-CAF-3014-24.odt 9.

On perusal of grounds, delay is not deliberately caused.

10.

The application deserves to be allowed.

11.

The application is allowed in the interest of justice. Delay of 35 days caused for filing the appeal is condoned.

12.

The application is disposed of.

CIVIL APPLICATION (CAF) NO. 3015 OF 2024 13.

On the oral request of learned advocate for the applicant, applicant is permitted to correct the respondent Nos.2 and 3 as respondent Nos.4 and 5. 14.

Amendment be carried out forthwith.

15.

16.

17.

18.

Learned advocate for the applicant submits that the applicant is ready to deposit the amount as per the Judgment of the Special Authority within twelve weeks.

19.

Considering the prayer, the application is allowed in terms of Prayer Clause (i) subject to condition that said amount be deposited within twelve weeks. 20.

Stand over after twelve weeks.

FIRST APPEAL ST. NO. 22247 OF 2023 21.

Heard.

22.

Admit.

3 12-CAF-3014-24.odt 23.

24.

25.

26.

Call for Record and Proceedings.

27.

Stand over after twelve weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 19/10/2024 13:41:45