The Exe. Engineer, Minor Irrigation Division, Pusad, Yavatmal v. Bhima Dhaku Rathod (Dead) Smt. Yashodabai Bhima Rathod And Others

2024:BHC-NAG:8995 15.caf.1216..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1216 OF 2022 IN FIRST APPEAL ST. NO.9342 OF 2021 The Exe. Engineer, Minor Irrigation Division, Yavatmal .Vs. Bhima Dhaku Rathod (Dead) through LRs. Smt. Yashodabai Bhima Rathod 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 K.R. Lule, Advocate for appellant.

Shri S.D. Patil, Advocate for respondent No.1. Ms Deepa I. Charlewar, A.G.P. for respondent Nos.2 and 3/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 14/08/2024 1.

This is an application for condonaton of delay of 127 days caused for filing appeal.

2.

Heard learned advocates for both sides.

3.

Perused the application.

4.

For the reasons stated in the application, the application deserves to be allowed in the interest of justice. 5.

The application is allowed and disposed of.

CIVIL APPLICATION (CAF) NO.2193 OF 2024 6.

This is an application for withdrawal of amount deposited in the Reference Court.

7.

Heard learned advocates for both sides.

8.

Perused the application.

9.

For the reasons stated in the application, the application deserves to be allowed in the interest of justice. C.L. Dhakate

15.caf.1216..odt 10.

The Reference Court is directed to pay an amount of Rs.6,95,600/- along with accrued interest their on.

11.

The application is allowed and disposed of.

FIRST APPEAL ST. NO.9342 OF 2021 12.

Issue notice to the respondents, returnable on 28.08.2024.

13.

Ms. Deepa I. Charlewar, learned A.G.P. waives service of notice for the respondents/State.

14.

Shri Patil, learned advocate waives service of notice for the respondent No.1.

(SANJAY A. DESHMUKH, J.) Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 14/08/2024 17:55:54 C.L. Dhakate