Bombay High CourtCAF/1929/2017ca disposed off

Executive Engineer, Minor Irrigation Division (V.I.D.C.) Washim v. Mahesh S/O Damodhar Bhutada And Others

2017-10-10Hon'Ble Shri Justice P.N. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.1929 OF 2017 IN FIRST APPEAL ST. NO.944 OF 2017 (Executive Engineer (VIDC), Minor Irrigation Division, Washim vs. Mahesh s/o Damodhar Bhutada and another) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Smt. Patil, Advocate for applicant.

Shri M.A. Kadu, Assistant Government Pleader for respondent no.2.

-------- CORAM : P.N. DESHMUKH, J.

DATED : OCTOBER 10, 2017 None for respondent no.1 though appears to be served.

Heard Smt. Patil, learned Counsel for applicant, and Shri Kadu, learned Assistant Government Pleader for respondent no.2.

This application is filed by applicant for condonation of 123 days' delay caused in preferring first appeal against judgment and decree dated 4/3/2016 passed by learned Civil Judge, Senior Division, Link Court, Mangrulpir in L.A.C. No. 115/2013 .

For the grounds mentioned in the application and as there appears no intentional delay caused, delay is condoned. The application is allowed.

CIVIL APPLICATION NO. 1930 OF 2017 Heard Smt. Patil, learned Counsel for applicant, and Shri Kadu, learned Assistant Government

1010caf1929.17 2/2 Pleader for respondent no.2. None for respondent no.1 though appears to be served.

By this application, it is prayed that execution of judgment and decree dated 4/3/2016 passed by learned Civil Judge, Senior Division, Link Court, Mangrulpir in L.A.C. No. 115/2013 be stayed. It appears that applicant has deposited the entire decretal amount as per order dated 6/7/2017 passed by this Court. In that view of the matter, there shall be stay to execution of judgment and decree dated 4/3/2016 passed by learned Civil Judge, Senior Division, Link Court, Mangrulpir in L.A.C. No. 115/2013. The application is disposed of.

JUDGE khj