Executive Engineer, Lower Pus Project, Pusad, Yavatmal v. Govinda Ratnu Jadhav And Others
0310caf3936.17 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.3936 OF 2017 IN FIRST APPEAL ST. NO. 3083 OF 2017 (Executive Engineer, Minor Irrigation Division vs. Govinda Ratnu Jadhav 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 A. Parihar, Advocate for applicant.
Shri A. Darekar, Advocate for respondent no.1. Shri M. Kadu, Assistant Government Pleader for respondent nos.2 and 3.
-------- CORAM : P.N. DESHMUKH, J.
DATED : OCTOBER 3, 2017 Heard learned Counsel for the parties.
This application is moved by applicant for condonation of delay of 266 days caused in preferring appeal against judgment and award dated 9/3/2016 passed by learned Civil Judge, Senior Division, Darwha in L.A.C. No. 2187/2004.
Shri Darekar, learned Counsel for respondent no.1, has opposed the application contending that there is no sufficient ground put forth for condonation of delay.
Having considered the grounds mentioned in paras 4 and 5 of the application, delay is liable to be condoned as it is found that there is no intentional delay caused in preferring first appeal. The application is, therefore, allowed.
0310caf3936.17 2/2 FIRST APPEAL ST. NO. 3083 OF 2017 Heard learned Counsel for the parties.
Admit.
Shri Darekar, learned Counsel waives notice for respondent no.1. Shri Kadu, learned Assistant Government Pleader waives notice for respondent nos.2 and 3.
Call R & P.
CIVIL APPLICATION NO. 3937 OF 2017 Heard learned Counsel for the parties.
This application is moved by appellant for stay to impugned judgment and award passed by Reference Court pending appeal.
For the grounds mentioned in para 2 of the application and since it is contended that appellant has good case on merits, there shall be stay to the effect and operation of the impugned judgment and award dated 9/3/2016 passed by learned Civil Judge, Senior Division, Darwha in L.A.C. No. 2187/2004 subject to appellant depositing entire decretal amount of compensation with the Registry of this Court within twelve weeks. The application is disposed of accordingly.
JUDGE khj