V.I.D.C., Thr. Executive Engineer, Purna Medium Project Division, Achalpur, And Other v. Ajay Sheshraoji Tatte And Others

2025:BHC-NAG:5923 1 4-CAF-657-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 657 OF 2025 IN FIRST APPEAL ST. NO. 18034 OF 2024 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION AND ANOTHER Vrs.

AJAY SHESHRAOJI TATTE AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mrs. Anjali Joshi, Advocate for applicants.

Ms. Mrunal Naik, AGP for respondent Nos.2 and 3. CORAM: SHYAM C. CHANDAK, J.

DATE : 25/06/2025.

1.

Heard.

2.

Present application seeking condonation of delay of 310 days in filing the aforesaid appeal against the Judgment and Award dated 18/07/2023 passed by learned 2nd Joint Civil Judge Senior Division, Achalpur in LAC No.118/2017.

3.

The learned counsel for the applicants submits that it took time to seek administrative approval to file the appeal. She submits that the principal amount is already deposited by the applicants.

4.

None present for respondent No.1.

5.

Ms. Mrunal Naik, learned AGP for respondent Nos.2 and 3 submits that the delay may be condoned. 6.

In view thereof, the application is allowed.

Delay of 310 days in filing the appeal is condoned. 7.

Appeal be registered.

2 4-CAF-657-2025.odt 8.

The application stands disposed of.

FIRST APPEAL ST. NO. 18034 OF 2024 9.

Issue notice to the respondents, returnable after twelve weeks.

10.

Ms. Mrunal Naik, learned AGP waives notice for respondent Nos.2 and 3.

11.

Stand over after twleve weeks.

CIVIL APPLICATION (CAF) NO. 658 OF 2025 12.

This is an application for grant of stay to the execution of Judgment and Decree dated 18/07/2023 passed by 2nd Joint Civil Judge Senior Division, Achalpur in LAC No.118/2017.

13.

Issue notice to the respondents, returnable after twelve weeks.

14.

Ms. Mrunal Naik, learned AGP waives notice for respondent Nos.2 and 3.

15.

In view of the statement by learned counsel for the applicants that the applicants will deposit the remaining amount in this Court within twelve weeks from today, there shall be ad-interim stay in terms of the prayer clause, till next date.

[SHYAM C. CHANDAK, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 25/06/2025 15:56:15