V.I.D.C. Through Executive Engineer, Bembla Project, Awadhootwadi, Yavatmal v. Dilip Ganpatrao Mankar And Others

925caf2767.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 2767/2018 IN FIRST APPEAL STAMP NO. 6356/2018 V.I.D.C., The Executive Engineer, Bembla Project, Yavatmal. V/s Dilip Gulabrao Mankar and others --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri M.A. Kadu, counsel for the applicant/appellant. Shri K.S. Narwade, counsel for the non-applicant/respondent Nos. 1 to 5. Shri S.D. Sirpurkar, AGP for the non-applicant/respondent Nos. 6 and 7. CORAM: ARUN D. UPADHYE , J.

DATE: 09-01-2019.

Issue notice to the non-applicants/respondents, returnable on 23/01/2018.

Shri K.S. Narwade, learned counsel waives service of notice for the non-applicant/respondent Nos. 1 to 5.

Shri S.D. Sirpurkar, learned AGP waives service of notice for the non-applicant/respondent Nos. 6 and 7. Perused the application. There is a delay of 148 days in filing appeal. Considering the reasons stated in the application, delay is condoned.

The civil application is allowed.

FIRST APPEAL STAMP NO.6356/2018 Heard.

ADMIT.

Call for record and proceedings.

Shri K.S. Narwade, learned counsel waives

925caf2767.18.odt 2 service of notice for the respondent Nos. 1 to 5. Shri S.D. Sirpurkar, learned AGP waives service of notice for the respondent Nos. 6 and 7.

CIVIL APPLICATION (CAF) NO. 2768/2018 Heard learned counsel for the applicant. Learned counsel has submitted that 50% decreetal amount would be deposited within three months from today and therefore the impugned judgment and award dated 07/04/2017 passed by the Civil Judge, Senior Division, Yavatmal in L.A.C. No.208/2009 be stayed.

Considering the submissions of the learned counsel for the applicant/appellant, the impugned judgment and award under challenge is stayed until further order.

The applicant/appellant is granted three months time to deposit the 50% decreetal amount.

CROSS-OBJECTION NO.03/2019 IN FIRST APPEAL STAMP NO. 6356/2018 Heard.

Admit Shri M.A. Kadu, learned counsel waives service of notice for the appellant.

Shri S.D. Sirpurkar, learned AGP waives service of notice for the respondent Nos.6 and 7.

rkn JUDGE