The Executive Engineer Mid Nanded, Presently Vpd No.2 v. Pandharinath Dnyanoba Kendre

- 1 - CIVIL APPLICATION NO. 14398 OF 2022 IN Applicant Mrs. C.R. Kutti Choudhari, Advocate for the applicant. Perused the application. Heard learned counsel for both the sides.

It seems that delay is not intentional. Learned counsel for respondent has recorded no objection for condonation of delay. 3.

In view of the above, application is allowed. Delay is condoned. Application stands disposed of.

- 2 - CIVIL APPLICATION NO. 14399 OF 2022 IN Applicant Mrs. C.R. Kutti Choudhari, Advocate for the applicant. Issue notice to the respondents returnable on 22nd November, 2022.

Applicant is seeking stay of the impugned judgment and decree. Learned counsel for the applicant proposes to deposit 50% of the decreetal amount. she submits that while passing the impugned judgment, joint measurements were not taken and the compensation is apparently excessive and that APMC person is not examined.

- 3 - 3.

Aforesaid contention can be taken into consideration while deciding the appeal on merits. At this stage, it is necessary to secure substantial amount involved in the decree. 4.

In view of this, applicant is directed to deposit 75% of the amount along with interest accrued thereon till date within a period of 12 weeks from today.

5.

Subject to deposit of amount as directed, the impugned judgment and order stands stayed in terms of prayer clause 'B.

- 4 - Appellant Mrs. C.R. Kutti Choudhari, Advocate for the appellant Issue notice to respondents returnable on 22nd November, 2022.

Call R & P.