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Bombay High CourtCAF/1370/2023ca disposed off

The Executive Engineer, Bembla Project, Yavatmal v. Janrao Chandrabhan Raut (Dead) Lrs Smt. Yamunabai Janrao Raut And Others

2023-05-04Hon'Ble Justice Urmila Joshi Phalke2 pages

51 CAF-1369-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.1369 OF 2023 IN FIRST APPEAL (ST) NO.3916 OF 2023 [The Executive Engineer ..V/s.. Janrao Chandrabhan Raut (died) and Ors.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr T. M. Zaheer, Advocate for Applicant/Appellant. Mr M. A. Kadu, AGP for Respondent Nos.4 and 5. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 4 th MAY, 3 .

.

Application is for condonation of delay of 256 days, which is caused in preferring the appeal.

2.

Issue notice to the respondents, returnable in four weeks. Mr M. A. Kadu, waives notice for respondent Nos.4 and 5. 3.

Stand over after vacation.

CIVIL APPLICATION (F) NO.1370 OF 2023 4.

By this application, the applicant/appellant is seeking stay to the effect, operation, execution and implementation of the impugned judgment and decree dated 03.02.2022 passed by the Joint Civil Judge Senior Division, Yavatmal in L.A.C. No.412 of 2016.

5.

On depositing the entire amount of compensation before the Reference Court alongwith accrued interest within ten weeks from today, the effect, operation, execution and implementation of the impugned judgment and decree dated 03.02.2022 passed in L.A.C. No.412 of 2016 be stayed, till final disposal of the appeal.

TAMBE

51 CAF-1369-2023 6.

On failure to deposit the amount of compensation before the Reference Court alongwith accrued interest within the above said period, the stay granted will be vacated automatically without further reference to the Court.

7.

The civil application is disposed of.

JUDGE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE TAMBE