V. I. D. C. Bembla Project Division, Awadhootwadi Through Its Executive Engineer And Another v. V. H. Jadhao (Dead) Thr. Lrs. S. V. Jadhao (Dead) Through Lrs. Vanita Shamsundar Jadhao And Others

2024:BHC-NAG:8471

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.938 OF 2024 IN MCA ST. NO.649 OF 2024 IN FIRST APPEAL ST. NO.1342 OF 2018 VIDC, through EE, Yavatmal and another .Vs. Vithal Hari Jadhao (Deceased) through LRs.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Mallika Babhulkar, Advocate for appellants. Shri Mohit Dube, Adv. h/f Shri A.B. Nakshane, Adv. for respondent Nos.1 to 7. Ms. Deepa I. Charlewar, A.G.P. for respondent/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 03/08/2024 1.

This is an application for condonation of delay of 435 days for filing restoration of first appeal. 2.

Issue notice to the respondents.

3.

Shri Dube, learned counsel waives service of notice for the respondent Nos.1 to 7.

4.

Ms Deepa I. Charlewar, learned A.G.P. waives service of notice for the respondent Nos.8 and 9/State. 5.

6.

7.

8.

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

9.

Civil application is allowed and disposed of.

MISC. CIVIL APPLICATION ST. NO.649 OF 2024 10.

This is an application for restoration of appeal. 11.

Issue notice to the respondents.

12.

Shri Dube, learned counsel waives service of notice for the respondent Nos.1 to 7.

13.

Ms Deepa I. Charlewar, learned A.G.P. waives service of notice for the respondent Nos.8 and 9/State. 14.

15.

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

16.

Application is allowed and disposed of.

CIVIL APPLICATION (CAF) NO.2958 OF 2018 17.

Issue notice to the respondents.

18.

Shri Dube, learned counsel waives service of notice for the respondent Nos.1 to 7.

19.

Ms Deepa I. Charlewar, learned A.G.P. waives service of notice for the respondent Nos.8 and 9/State. 20.

This is an application for condonation of delay of 71 days caused for filing appeal.

21.

22.

23.

24.

For the reasons stated in the application, the application deserves to be allowed in the interest of justice. 25.

Civil application is allowed and disposed of. CIVIL APPLICATION ST. NO.14276 OF 2023 26.

This is an application for withdrawal of amount deposited as per the award of the learned trial Court.

27.

28.

29.

An amount of Rs.4,43,306/- along with interest is deposited in this Court.

30.

Considering peculiar set of facts, the respondent No.2/claimant is entitled to withdraw the 75% of amount.

31.

Registry is directed to pay 75% of amount out of Rs.4,43,306/- along with accrued interest thereon to the power of attorney of the respondent No.2/claimant - Rajesh Vitthal Jadhao, after verification and usual undertaking. 32.

The application is partly allowed and disposed of.

(SANJAY A. DESHMUKH, J.) Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 05/08/2024 17:16:30