Bombay High CourtCAF/1537/2017ca disposed off

The Executive Engineer, Vidharbha Irrigation Development Corporation Awadhootwadi, Yavatmal v. Smt. Urmila Wd/O Narayan Kadam And Others

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

1010caf1537.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.1537 OF 2017 IN FIRST APPEAL ST. NO.2061 OF 2017 (Executive Engineer, Bembla Project Division vs. Smt. Urmila wd/o Narayan Kadam and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri P.B. Patil, Advocate for applicant.

Shri A.P. Kalmegh, Advocate for respondent nos.1 to 3. Ms. R. Kalia, Assistant Government Pleader for respondent nos.4 and 5.

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

DATED : OCTOBER 10, 2017 Heard learned Counsel for the parties.

This application is filed by applicant for condonation of 323 days' delay caused in preferring appeal against judgment and award dated 15/10/2015 passed by learned Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No.463/2012.

For the grounds mentioned in paras 2 and 3 of the application and since it is found that there is no intentional delay caused, the delay is condoned. The application is allowed.

FIRST APPEAL ST. NO. 2061 OF 2017 Heard learned Counsel for the parties.

Admit.

Shri Kalmegh, learned Counsel waives notice

1010caf1537.17 2/2 for respondent nos.1 to 3. Ms. Kalia, learned Assistant Government Pleader waives notice for respondent nos.4 and 5.

Call R & P.

CIVIL APPLICATION NO. 1538 OF 2017 This application is filed by appellant for grant of stay to execution of impugned judgment and award dated 15/10/2015 passed by learned Civil Judge, Senior Division, Yavatmal in L.A.C. No.463/2012. Shri Patil, learned Counsel for applicant, submits that in compliance to statement made, upon which order dated 3/4/2017 is passed by this Court, appellant has deposited entire decretal amount within stipulated period.

Submission advanced as aforesaid is found substantiated by the Office note establishing deposit of Rs.21,46,788/- within three months.

In that view of the matter, there shall be stay to execution of impugned judgment and award dated 15/10/2015 passed by learned Civil Judge, Senior Division, Yavatmal in L.A.C. No.463/2012 The application is disposed of.

JUDGE khj