Allowed

V. I. D. C. through Its Executive Engineer, Bembla Project Division, Yavatmal and Another v. Dnyaneshwarao Narayanrao Kawalkar (Dead) through Lrs. Smt. Muktabai Dyaneshwar Kawalkar and Others

Bombay HC20 Mar 2019CAF/3011/2018

Case brief

AI extract

What is this about?

The High Court allowed Civil Appeal No. 3011 of 2018 condoning a 362-day delay. In CAF No. 3012 of 2018, the judgment in a land acquisition case was stayed pending further orders as the entire compensation was deposited by the appellant.

What did the court decide?

Civil applications allowed; judgment in land acquisition case stayed pending further orders.

V. I. D. C. through Its Executive Engineer… — Civil Procedure and Limitation | Bombay HC (2019)

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921-b caf3011.18.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CIVIL APPLICATION (CAF) NO. 3011 OF 2018 IN

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FIRST APPEAL STAMP NO. 220 OF 2018

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Vidarbha Irrigation Development Corporation, through its Executive Engineer, Bembla Project Division, Yavatmal, Tq. and Dist. Yavatmal and another.

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V/s

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Dnyaneshwarao Narayanrao Kawalkar (dead) through LR's Smt. Muktabai Dyaneshwar Kawalkar and others.

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--------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar’s Orders.

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Shri M.A. Kadu, counsel for the appellants.

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Shri A.B. Nakshane, counsel for the respondent Nos. 1-A, 2-A to 2-C and 3. Ms H.N. Jaipurkar, AGP for the respondent Nos. 4 and 5.

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CORAM: ARUN D. UPADHYE, J. DATE: 20-03-2019.

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Heard learned counsel for the parties.

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Perused the application. There is delay of 362

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days in filing the appeal. For the reasons stated in the application, delay is condoned. Civil application is allowed.

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FIRST APPEAL STAMP NO. 220 / 2018.

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Heard.

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Admit.

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Call for record and proceedings.

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Shri A.B. Nakshane, learned counsel waives

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notice for the respondent Nos. 1-A, 2-A to 2-C and 3.

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921-b caf3011.18.odt

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Ms H.N. Jaipurkar, learned AGP waives notice for the respondent Nos. 4 and 5.

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The appellants to file private paper-book within six months.

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CIVIL APPLICATION (CAF) NO. 3012 OF 2018.

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Heard learned counsel for the appellant. Learned counsel for the appellant has submitted that entire amount of compensation is already deposited in this Court.

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In view of the statement made by the learned counsel for the appellant, the impugned judgment and award dated 03/08/2016 passed by the 4^th Joint Civil Judge, Senior Division, Yavatmal in Land Acquisition Case No. 253/2007 is hereby stayed, until further orders.

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JUDGE

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rkn

V. I. D. C. through Its Executive Engineer, Bembla Project Division, Yavatmal and Another v. Dnyaneshwarao Narayanrao Kawalkar (Dead) through Lrs. Smt. Muktabai Dyaneshwar Kawalkar and Others

Case brief

What is this about?

What did the court decide?

V. I. D. C. through Its Executive Engineer, Bembla Project Division, Yavatmal and Another v. Dnyaneshwarao Narayanrao Kawalkar (Dead) through Lrs. Smt. Muktabai Dyaneshwar Kawalkar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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