Executive Engineer (V.I.D.C.) Bembla Project Division, Yavatmal And Another v. Smt. Asha Subhash Ghode And Others
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.2421 OF 2017 IN FIRST APPEAL ST.NO.5590 OF 2017 (Executive Engineer, VIDC Bembla Project Division vs. Smt. Asha Subhash Ghode and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
Shri M.A. Kadu, Advocate for applicant/appellant. Shri M.J. Khan, Assistant Government Pleader for respondent nos.6 and 7.
-------- CORAM : P.N. DESHMUKH, J.
DATED : NOVEMBER 13, 2017 This application is for condonation of 1638 days' delay caused in preferring appeal against judgment and decree dated 12/6/2012 passed by 2nd Joint Civil Judge, Senior Division, Yavatmal.
Heard Shri Kadu, learned Counsel for applicant, and Shri Khan, learned Assistant Government Pleader for respondent nos.6 and 7. None for respondent nos.1 to 5 though served.
Though learned Assistant Government Pleader has objected for condonation of delay, for the grounds mentioned in para 2 of the application, since delay is satisfactorily explained, same is condoned. The civil application is disposed of as allowed.
FIRST APPEAL NO. 5590 OF 2017 Issue notice to respondents, returnable on
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Shri Khan, learned Assistant Government Pleader waives notice for respondent nos.6 and 7. CIVIL APPLICATION NO. 1601 OF 2017 This application is moved by appellant for seeking time to deposit entire decretal amount within one week.
This Court by order dated 10/7/2017 had directed appellant to deposit entire decretal amount and granted conditional stay on depositing amount as aforesaid.
In the circumstances, appellant is allowed to deposit entire decretal amount within one week from today. On depositing the same, interim stay shall stand confirmed pending appeal.
The civil application is disposed of in the above terms.
JUDGE khj