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Bombay High CourtCA/4930/2016disposed offdismissed for default

The State Of Maharashtra And ANR v. Ramling Sadashivappa Khandare

2017-04-07Hon'Ble Shri Justice V.K. Jadhav2 pages

*1* 978.ca.4929.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4929 OF 2016 IN FAST/7705/2016 WITH CA/4930/2016 IN FAST/7705/2016 THE STATE OF MAHARASHTRA AND ANR

VERSUS

RAMLING SADASHIVAPPA KHANDARE ...

AGP for Applicants : Shri A.M.Phule.

Advocate for Respondents : Shri Bhavthankar Vivek Vasantrao. ...

CORAM: V.K. JADHAV, J.

DATE :- 07th April, 2017.

Per Court:

Heard both sides.

Insofar as Civil Application No.4930/2016 is concerned, pending the hearing and final disposal of the First Appeal, the execution, implementation and operation of the impugned judgment and award under appeal is hereby stayed on the condition that the Applicant shall deposit the entire amount under the award with accrued interest thereon, in this Court within a period of 12 (twelve) weeks from today, failing which the order granting stay shall stand vacated automatically without further reference to the Court. The Civil Application for stay is accordingly, disposed of.

Insofar as Civil Application No.4929/2016 is concerned, the learned counsel for the Respondent/ Claimant has no objection if the

*2* 978.ca.4929.16 delay is condoned.

In view of the above and for the reasons stated in the Civil Application No.4929/2016, delay of 1125 caused in filing the First Appeal is hereby condoned. The Civil Application is allowed and accordingly, disposed of.

Heard in the appeal. Issue notice to the Respondent in appeal, returnable on 27.06.2017. The learned counsel for the Respondent waives notice.

Call for the record and proceedings.

(V.K. JADHAV, J.) KPS.