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Bombay High CourtCAF/2574/2021delay condonatedrejected

The Executive Engineer, Purna Medium Project. Achalpur Division, Amrvati v. Shri Vijay @ Sandeep Babarao Deshmukh And Others

2023-06-14Hon'Ble Smt. Justice M. S. Jawalkar2 pages

21 caf 2574-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C IVIL APPLICATION (CA F ) NO.

/202 1 IN FIRST APPEAL STAMP NO. 5510/2021 The Executive Engineer, Purna Medium Project, Achalpur Division, Amravati Vs.

Shri Vijay @ Sandeep Babarao Deshmukh and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri U.A. Gosavi, Advocate for appellant Shri R.J. Shinde, Advocate for respondent No.1 Ms H.N. Jaipurkar, AGP for respondent Nos. 2 and 3 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 14/06/2023 Present application is filed for condonation of delay of 101 days in filing first appeal. It appears that order came to be passed on 01/08/2019. Appellant applied for the certified copy on 05/09/2019 and the copy was received on 14/10/2019. After necessary approvals in regard to filing of first appeal, the Chief Legal Adviser granted his approval on 16/03/2020. The brief was handed over to Counsel on 06/10/2020. Some time is consumed for sanction of court fees and transfer of the same and during the said period there was pandemic Covid - 19, for that reason also, some delay is caused.

Jayashree..

21 caf 2574-2021.odt 2.

The learned Counsel for respondents have no objection to condone the delay. As such, application is allowed.

3.

Delay in filing first appeal is hereby condone. 4.

Registry is directed to register first appeal. 5.

Application stands disposed of.

CIVIL APPLICATION (CAF) NO. 2575/2021 Present application is filed for grant of stay to the execution and effect of impugned order.

2.

The learned Counsel for applicant submits that he will deposit, entire decreetal amount in eight weeks. In view thereof, there shall be stay to the effect, execution and operation of judgment in Land Acquisition Case No. 17/2013, passed by Civil Judge Senior Division, Achalpur, subject to deposit of entire decreetal amount along with interest within period of eight weeks with this Court.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..