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Bombay High CourtCAF/2817/2016ca disposed off

Executive Engineer, Lower Wardha Project Division, Wardha v. Pramod S/O. Janakrao Kale And Others

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

caf2816.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.2816 OF 2016 IN FIRST APPEAL STAMP NO.6798 OF 2016 (Executive Engineer, Lower Wardha Project Division, Wardha Vs. Pramod s/o Janakrao Kale 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 S.K. Bhoyar, Advocate for Appellant.

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

DATE: 8 th JUNE, 2017.

This is an application for condonation of delay of 39 days in preferring the appeal.

Heard learned counsel for the applicant, respondent No.1 and the learned A.G.P. for respondent Nos.2 and 3.

For the reasons stated in para 4 of the application as sufficient cause is made out, considering the duration of delay also, the delay is condoned. The application is allowed with no order as to costs and finally disposed of.

caf2816.16.O.odt 2 First Appeal Stamp No.6798/2016:

Heard.

Admit.

Call for R & P.

Civil Application (F) No.2817/2016:

This is an application seeking stay to the execution of the judgment and decree dated 06.11.2015 passed by the Civil Judge, Senior Division, Wardha in Land Acquisition Case No.180/2008.

Learned counsel for the appellant makes a statement at bar that the entire amount of compensation as awarded by the Reference Court will be deposited within a period of eight weeks from today. In view of this submission the stay is granted to the execution of the impugned judgment and decree subject to the appellant depositing the entire amount of compensation as awarded by the Reference Court within a period of eight weeks from today.

In case of failure on the part of appellant to deposit the said amount within stipulated period the stay will automatically vacated without further reference to the Court.

The application is disposed of in above terms. JUDGE NSN