The Executive Engineer Minor Irrigation Division No1 Sinchan Bhavan Aurangabad v. Kasabai Chintaman Gadhari And ORS

9250.23CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 65 CIVIL APPLICATION NO.9250 OF 2023 IN FAST/22718/2023 WITH CIVIL APPLICATION NO.9252 OF 2023 IN FAST/22718/2023 WITH FIRST APPEAL STAMP NO.22718 OF 2023 ...

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO1 SINCHAN BHAVAN AURANGABAD

VERSUS

KASABAI CHINTAMAN GADHARI & OTHERS ...

Advocate for the applicant : Adv.S.V.Gaikwad Advocate for Respondent no.1 : Mr.D.A.Bide ...

CORAM :ARUN R. PEDNEKER, J.

DATE :11.09.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR CONDONATION OF DELAY:

1] The present Civil Application is filed to condone the delay of 233 days in filing the First Appeal. 2] The learned counsel for the respondents has no objection to allow the present Civil Application.

9250.23CA 3] For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Civil Application is disposed of accordingly.

B] ORDER IN CIVIL APPLICATION FOR STAY AND FIRST APPEAL :

1] Issue notice to the respondents, returnable on 20th December, 2023. Mr.D.A.Bide, learned counsel waives notice for the respondent no.1.

2] There shall be ad-interim stay to the impugned Award passed by the 5th Joint Civil Judge Senior Division Aurangabad in LAR No.78 of 2015 subject to deposit of 100% award amount of compensation as directed by the Reference Court along with accrued interest thereon within 12 weeks from today.

[ARUN R. PEDNEKER] JUDGE DDC