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Bombay High CourtCAO/863/2024ca disposed off

The Executive Engineer, Minor Irrigation Division, Karanja, Washim (Under, V.I.D.C., Karanja) v. Maroti Ramji Rathod And Others

2024-07-23Hon'Ble Shri Justice Sanjay Anandrao Deshmukh5 pages

cao863.24.odt 1/5

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) No.863 OF 2024 IN MISC. CIVIL APPLICATION ST. No.13150 OF 2024 IN FIRST APPEAL ST. No.15696 OF 2023 (D) (The Executive Engineer, Minor Irrigation Division , Karnaj under VIDC, Karanja, Tq. Karanja Distt. Wahsim Vs. Maroti Ramji Rathod and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M.A. Kadu, Advocate for appellant.

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 23 rd JULY, 2024.

Learned A.G.P. for the respondent Nos.2 and 3 has strongly objected the application.

This is an application for condonation of delay caused for preferring application for restoration of the appeal.

cao863.24.odt 2/5 interest of justice.

9.

The application is allowed.

10.

The delay of 217 days caused in preferring restoration application is condoned.

11.

MISC. CIVIL APPLICATION ST. No.13150 OF 2024. interest of justice.

The application is allowed.

The appeal is restored on its original number. 9.

Civil Application (CAF) St. No.22355/2023.

This is an application for condonation of delay caused of 50 days in filing appeal against the impugned judgment and award.

cao863.24.odt 3/5 interest of justice.

The application is allowed.

9.

The delay of 50 days caused in filing appeal is condoned.

Civil Application (CAF) St. No.22354/2023.

This is an application for staying the execution of the impugned judgment and award dated 23.3.2023. For the reasons stated in the application, the application deserves to be allowed in the interest of justice.

The application is allowed, subject to depositing amount of award within twelve weeks. 9.

There shall be stay to the execution of the impugned judgment and award dated 23.3.2023, passed

cao863.24.odt 4/5 by Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Nagpur.

10.

FIRST APPEAL ST. No.15696 OF 2023.

Admit.

Call R. & P.

The appellant is directed to remove the office objections within six weeks.

C ivil Application St. No.

/2024.

This is an application is filed for condonation of delay. However, the appeal is admitted today. The delay for filing the appeal is already condoned. Therefore, there cannot be delay for filing cross-objection.

The application, therefore, needless. Hence, it is disposed of.

Cross-objections are to be admitted.

Cross-Objection St. No.9627/2024.

Cross objection be registered.

of notice on behalf of respondent Nos.1 and 2.

cao863.24.odt 5/5 Mr. M.A. Kadu, learned Advocate waives service of notice on behalf of respondent No.3. The cross-objector is directed to remove the office objections within six weeks, if any.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 24/07/2024 18:30:54