Vidarbha Irrigation Development ... vs Yogesh Bhaurao Gonde And Others
2021 Latest Caselaw 11911 Bom

31B 2171.2019                                                                               1

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.
                 CIVIL APPLICATION (F) NO. 2171 OF 2019
                 IN FIRST APPEAL ST. NO. 15934 OF 2018
 (Vidarbha Irrigation Development Corporation & Anr. Vs. Yogesh Bhaurao Gonde & Ors.)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions          Court's or Judge's orders.
and Registrar's Orders.

                                Shri J.B. Kasat, Advocate for the applicants/
                                appellants.
                                Mrs. M.H. Deshmukh, A.G.P. for respondent Nos.2
                                and 3.
                                                    .....

                                             CORAM : PUSHPA V. GANEDIWALA, J.

AUGUST 26, 2021.

Heard.

2] This is an application for grant of leave to file appeal.

3] Considering the reasons mentioned in para 2 and 3 of the application, the application is allowed. The applicants/ appellants are permitted to file appeal against the judgment and order dated 13/10/2016 passed by the 3rd Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No. 593/2011.

4] Civil Application stands disposed of.

CIVIL APPLICATION (F) NO. 4055/2019.

5] This is an application for condonation of 548 days delay caused in filing the appeal.

6] As there are other connected appeals, which have been registered in this Court involving the same issue, so also considering the reasons mentioned in the application, the application is allowed. Delay of 548 days caused in filing the appeal stands condoned. Appeal be registered.

FIRST APPEAL NO................/2021.

7] Issue notice for final disposal of the matter at the stage of admission, returnable after four weeks.

8] Shri S.V. Ingole, learned counsel, waives service of notice for respondent No.1.

9] Mrs. M.H. Deshmukh, learned A.G.P., waives service of notice for respondent Nos.2 and 3.

10] Call R & P.

CIVIL APPLICATION (F) NO. 4056/2019.

11] Shri Kasat, learned counsel for the applicants/ appellants, submitted that the entire decreetal amount has been deposited by the appellants.

12] In this view of the matter, the execution of judgment and award dated 13/10/2016 passed by the 3rd Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No. 593/2011 shall remain stayed till disposal of the appeal.

13] Civil Application stands disposed of.

JUDGE Sumit