The State Of Maharashtra And Another v. Babruwan Dnyanoba Chavan And Others

1041 ca55.14 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1041 CIVIL APPLICATION NO. 55 OF 2014 IN FAST/31029/2013 WITH CA/51/2014 IN FAST/31036/2013 WITH CA/52/2014 IN FAST/31036/2013 WITH CA/53/2014 IN FAST/31033/2013 WITH CA/54/2014 IN FAST/31033/2013 WITH CA/56/2014 IN FAST/31029/2013 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

RAMA SHIVRAM CHAVAN DEAD TROUGH HIS L.RS. VAIJAYANTABAI RAMA CHAVAN AND OTHERS ...

AGP for Applicants : Mr. P.G. Borade Advocate for Respondents : Mr. P.S. Chavan .....

CORAM : V. K. JADHAV, J.

DATED : 30th JUNE, 2017 PER COURT:- 1.

Heard A.G.P. for the applicants submits that due to administrative difficulties the delay has been caused in filing the appeals and the said delay is not intentional. Learned counsel for the respondent-original claimants has strongly resisted the application on the ground that the applicant State has not explained the delay satisfactorily. In view of submissions made on behalf of the applicant State and for the reasons stated in the applications, delay caused in filing the first appeals is hereby condoned. Civil applications are disposed of.

2.

In so far as stay applications is concerned, pending, the

1041 ca55.14 -2hearing and final disposal of first appeals, the execution, implementation and operation of the impugned judgment and award under appeal is hereby stayed on the condition that the applicant shall deposit entire amount under 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. Civil applications for stay are accordingly disposed of. 3.

In first appeals, issue notice to the respondents, returnable on 22.09.2017. Learned counsel waives notice for respondents-original claimants. Call for record and proceedings. ( V. K. JADHAV, J.) rlj/