The Executive Engineer, Bembla Canal Division, Yavatmal v. Samir Haribhau Khadse And Others

40caf844.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 844/2023 IN FIRST APPEAL ST. NO. 2021/2023 The Executive Engineer, Bembla Canal Division, Yavatmal Vs Samir Haribhau Khadse And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr T.M.Zaheer, counsel for the applicant/appellant. Mr K.L.Dharmadhikari, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 24/03/ 3.

1.

Heard.

2.

This is an application for condonation of delay in filing the appeal.

3.

Issue notice to the respondent No.1, returnable after four weeks.

4.

Mr M.A. Kadu, learned AGP waives service of notice on behalf of respondent Nos. 2 and 3.

Civil Application (CAF) No. 845/2023.

Present application is for seeking stay to the effect, operation, execution and implementation of the impugned judgment and decree passed in LAC No. 480/2015 passed by the learned 2nd Joint Civil Civil Judge, Senior Division, Yavatmal.

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40caf844.2023.odt 2.

On depositing the entire amount of compensation along with accrued interest and statutory benefits within a period of ten weeks, the effect, operation and implementation and execution of the impugned judgment and decree be stayed till final disposal of the appeal. 3.

On failure to deposit the amount, the stay granted will be vacated automatically without further reference to the Court.

Civil Application is disposed of.

4.

Place the matter after service of respondent No.1. JUDGE Signed By:RAJESH K NANDURKAR rkn