Bombay High CourtCAF/3019/2018admittedallwdgrantedrule absolute

V.I.D.C. Through Executive Engineer, Bembla Project, Yavatmal And Another v. Rekha Rajendra Gawande And Others

2019-05-03Hon'Ble Mrs. Justice Swapna Joshi2 pages

03.05.CAF.3019.18+

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (f ) NO. 3019 & 3020 BOTH OF 2018 IN FIRST APPEAL (ST) NO.3302/2018 (V.I.D.C. Yavatmal vs. Rekha Rajendra Gawande and others) ...................................................... ............................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr.M.A. Kadu, Advocate for the applicant /s Mr. Nakshine, Adv. For Res. no.1 Mrs. Barabde, AGP for respondents 2 and 3 CORAM: MRS.SWAPNA JOSHI, J.

D ATED : 3rd May, 2019.

This is an Application seeking condonation of delay of 796 days in filing the Appeal.

Heard both sides. Perused the contents of the Application. On a perusal of the same, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay.

In view thereof, the delay in filing the Appeal is condoned, subject to payment of costs of Rs. 500/- to be deposited with Vidarbha Lady Lawyers' Association, Nagpur. The Civil Application is allowed and disposed of.

The Appeal be registered.

CAF. NO. 3020/2018 Mr.M.A. Kadu, learned counsel for the applicants submits that part of the decretal amount has been deposited in the reference Court, whereas part of the decretal amount has been deposited in this Court.

03.05.CAF.3019.18+ In view of the statement made there shall be stay to the effect, operation and execution of the impugned judgment and award dated 14.03.2016 passed by learned Civil Judge, Sr.Dn. Yavatmal in LAC No. 466/2007 till the final disposal of the Appeal. The civil Application stands disposed of.

APPEAL Heard.

Admit.

Call R & P Learned counsel waives service for respective parties. Private paperbook be filed within a period of six months. JUDGE Sahare