The Executive Engineer, Bembla River Project, Yavatmal v. Chandrabhan Rajaram Lonare (Dead) Thr. Lrs. Smt. Sarubai Rajaram Lonare And Others

14.08.CAF.4865.17+

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 4865/2017 & 4867/2017 IN FIRST APPEAL NO............/2017 (The Executive Engineer, Bembla River project vs. Chandrabhan Lonare(Dead) Through His LRs) ...................................................... ........................................................................... ...

Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. M.A. Kadu, Adv.for apellant Mr. Nakshane, Adv.for respondent 1 to 5 Mr. H.D.Dubey, AGP for respondents 6 and 7 CORAM : MRS.SWAPNA JOSHI, J.

D ATED : 14th August, 2018.

This is an application seeking condonation of delay of 466 days in filing the First Appeal.

Heard learned counsel for respective parties. For the reasons mentioned in Paragraph Nos. 3, 4 and 5 of the Application, I am satisfied that the delay deserves to be condoned. The delay of 466 days is hereby condoned. The Civil Application is allowed and disposed of.

C.A.F.NO.4867/2017 This is an application seeking stay to the impugned judgment and decree dated 13.1.2015.

Learned counsel for the appellant/applicant submits that the cheque of the decretal amount shall be deposited within a period of one week.

14.08.CAF.4865.17+ In view of the above statement, there shall be stay to the effect and operation of the impugned judgment and order dated 13.1.2015 passed by Joint Civil Judge, S.D. Yavatmal in LAC No.831/2006 during the pendency of the Appeal. Application stands disposed of.

Appeal No.......2017 Heard.

Admit.

Call R & P Respective counsel waives notice of hearing.

JUDGE Sahare