Maharashtra Housing And Area Development Board Thr. Its Chief Officer, Mhada, Nagpur v. Baburao S/O Sambaji Surve And Others

fa.312.21 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR First Appeal No.312 of 2021 Maharashtra Housing & Area Development Board, Nagpur vs.

Baburao s/o Sambaji Surve (dead), through L.Rs. & another =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Bhushan Mohata, Advocate for the Appellant. Shri K.K. Nalamwar, Advocate for Respondent Nos.1A to 1E. Ms. H.N. Jaipurkar, A.G.P. for Respondent No.2.

CORAM

: S.M. MODAK, J.

DATE : 8 th APRIL, 2021 Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

Heard.

This is an appeal against the judgment and award dated 05/12/2020 filed at the instance of original respondent No.2. It is submitted that crossobjection has been filed in time, but the court fee could not be paid due to some technical difficulty. Once, the court fee will be paid, it be placed before the Court.

Admit the appeal.

Issue notice to the respondents.

Shri K.K. Nalamwar, learned Counsel waives notice for respondent Nos.1-A to 1-E, whereas Ms. H.N. Jaipurkar, learned A.G.P. waives for respondent No.2.

fa.312.21 2/2 Civil Application [CAF] No.822/2021:

Subject to deposit of the entire decretal amount within ten weeks, stay is granted to the execution of the judgment and decree till disposal of the appeal.

Respondent Nos.1-A to 1-E will be at liberty to apply for withdrawal and it will be considered on merits.

The application is disposed of.

JUDGE *sandesh