Vidarbha Patbandhare Vikas Mahamandal through Exective Engineer, Wan Project Division, Shegaon v. Arjun S/O Manikrao Sabe and Others
Case brief
What is this about?
High Court of Judicature at Bombay, Nagpur Bench, order dated 17.02.2025 by Rohit W. Joshi, J. in Civil Application (CAF) No. 2747 of 2024 (with CAF Nos. 2749/2024 and 501/2025) in First Appeal (ST) No. 10258 of 2024, VIDC, Executive Engineer, Buldhana v. Arjun S/o Manikrao Sabe and ors. — condonation of 44-day delay in filing appeal (attributed to procedural formalities); confirmation of interim order after appellant's deposit per order dated 11.10.2024; permission to respondent Nos. 1-2 (land owners) to withdraw the entire deposited amount on usual undertaking following counsel's undisputed statement re 75% withdrawal in a similar matter; appeal admitted and record and proceedings called for. No statutory provisions or precedent cases cited; no rupee quantum stated.
What did the court decide?
Delay of 44 days in filing the appeal condoned and Civil Application (CAF) No. 2747/2024 disposed of; interim order confirmed (CAF No. 2749/2024); respondent Nos. 1 and 2 permitted to withdraw the entire deposited amount on usual undertaking and CAF No. 501/2025 disposed of accordingly; First Appeal (ST) No. 10258/2024 admitted and record and proceedings called for, with waiver of notice by counsel for respondent Nos. 1 & 2 and by the AGP for respondent Nos. 3 & 4.