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Bombay High CourtCAF/2710/2016disposedoff

The Executive Engineer, Lower Wardha Project Division, Wardha v. Mahadeo S/O. Motiram Bhakre (Deceased), Thr. Lrs. Smt. Manjulabai Mahadeorao Bhakre And Others

2017-06-12Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

caf2709.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.2709 OF 2016 IN FIRST APPEAL STAMP NO.4599 OF 2016 (The Executive Engineer, Lower Wardha Project, Wardha Vs. Mahadeo s/o Motiram Bhakre (dead) thr. LR's Smt. Manjulabai Mahadeorao Bhakre and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Ms. Smita Dasputre, Advocate for Appellant.

Shri S.D. Chopde, Advocate for Respondent No.1. Shri M.A. Kadu, AGP for Respondent Nos.2 & 3. CORAM: SMT. DR. SHALINI PHANSALKAR-JOSHI, J.

DATE: 12 th JUNE, 2017.

This is an application for condonation of delay.

Heard learned counsel for respondent No.1-A and the learned A.G.P. for respondent Nos.2 and 3. Considering the length of delay which is of 11 days and for the reasons stated in paras 2, 3 and 4 of the application as sufficient cause is made out, the delay is condoned.

The application is allowed with no order as to cost and stands disposed of.

Civil Application (F) No.2710/2016:

Subject to condition of depositing the entire amount of compensation within a period of eight weeks

caf2709.16.O.odt 2 from today. The stay is granted to the impugned judgment and award. On failure of the appellant to deposit the said amount within a stipulated period the stay will stand automatically vacated without further reference to the Court.

First Appeal Stamp No.4599/2016:

Heard.

Admit.

Call for R & P.

The appellant to file private paper-book within a period of twelve months from the date of receipt of R & P.

JUDGE NSN