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Bombay High CourtCAF/1893/2016ca disposed off

Executive Engineer (V.I.D.C.), Akola Irrigation Department, Akola v. Sau. Kamruunnisa J. Walaytakha And Another

2017-06-08Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

caf1892.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.1892 OF 2016 IN FIRST APPEAL STAMP NO.4880 OF 2016 (Executive Engineer, Akola Irrigation Department, Akola, Dist. Akola Vs. Sau. Kamrunnisa J. Walaytakha and another) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri V.G. Palshikar, Advocate for Appellant.

CORAM: SMT. DR. SHALINI PHANSALKAR-JOSHI, J.

DATE: 8 th JUNE, 2017.

This is an application for condonation of delay of 354 days in filing the first appeal. Issue notices to respondent Nos.1 and 2, returnable on 06.07.2017.

Ms. Shamsi Haider, the learned A.G.P. waives service of notice for respondent No.2.

Civil Application (F) No.1893/2016:

This is an application seeking stay to the execution of the judgment and decree dated 02.12.2014 passed by 2nd Joint Civil Judge, Senior Division, Akola in Land Acquisition Case No.81/2013.

Learned counsel for the appellant makes a statement at bar that appellant will deposit the entire

caf1892.16.O.odt 2 amount as directed by the Reference Court within a period of eight weeks.

In view of this submission the stay is granted to the execution of the impugned judgment and decree subject to the deposit of the entire amount of compensation as awarded by the Reference Court within a period of eight weeks from today.

After the amount is deposited, it may be remained in any nationalized Bank for a period of 37 months and to be renewed from time to time till the decision of the appeal.

In case of any failure on the part of appellant to deposit the amount within the stipulated period the stay granted by this order will stand automatically vacated without further reference to the Court. The application stands disposed of finally.

JUDGE NSN