Bombay High CourtCAF/457/2020ca disposed off

Executive Engineer, K.P. Prakalp, Deulgaon Raja, Buldhana v. Gambhirrao Raosaheb Wayal And 2 Others

2022-01-05Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

7.FA.986.2017.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAO) No.711/2021 IN Cross-Objection Stamp No.179/2020 IN First Appeal No.986/2017 Executive Engineer, K.P. Prakalp Deulgaon Raja, Buldhana Vs. Gambhirrao Raosaheb Wayal & Ors.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Abhijit Parihar, Advocate for the Appellant. Shri D.S. Mapari, Advocate for Respondent Nos.1 & 2/Cross-objectors. Shri H.D. Dubey, AGP for Respondent No.3.

CORAM : SMT. ANUJA PRABHUDESSAI , J.

DATE : 5 th JANUARY, 2022.

01] By this application, the Applicants/Cross-objectors have sought to condone the delay of 813 days in filing the cross-objection. 02] Learned counsel for Respondent Nos.1 and 2/Crossobjectors, under instructions, makes statement that Respondent Nos.1 & 2 will not claim any interest for the delayed period i.e. 813 days. In the light of the said statement, learned counsel for the Appellant has no objection for condonation of delay. Hence, the application is allowed. Delay is condoned. Civil application stands disposed of in above terms. Cross-objection be registered.

Cross-Objection Stamp No.179/2020 03] Heard.

04] Cross-objection admitted.

05] Shri D.S. Mapari, learned counsel waives service on

7.FA.986.2017.

2/2 behalf of Respondent Nos.1 and 2/Cross-objectors and Shri H.D. Dubey, learned AGP waives service on behalf of Respondent No.3. Civil Application (CAF) No.457/2020 06] Respondent Nos.1 and 2 have filed this application for vacating the stay order dated 23.12.2016. The appeal is already dismissed as withdrawn. Hence, the stay order stands vacated with withdrawal of the appeal. No fresh order is required to pass. Civil application stands disposed of.

Civil Application (CAF) No.225/2020 07] Shri Abhijit Parihar, learned counsel for the Appellant/Acquiring Body states that the balance amount will be deposited on or before the next date. The Application for withdrawal of amount will be considered after depositing the balance amount. 08] Stand over to 17th January, 2022.

(SMT. ANUJA PRABHUDESSAI, J.) Vijay Signed By:VIJAY KUMAR Personal Assistant