V.I.D.C. Thr. Exe. Engineer, Bembla Canal Division, Yavatmal v. Hanuman Kalu Bhagat And Others

64 FA-166-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.166 OF 2023 [Vidarbha Irrigation Development Corporation ..V/s.. Hanuman Kalu Bhagat (dead) thr LRs. and Ors] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr A. J. Gohokar, Advocate for Appellant.

CORAM : URMILA JOSHI-PHALKE , J.

DATE : 28 th APRIL, 3 .

.

Heard.

2.

Issue notice to the respondents, returnable in four weeks. Ms T. H. Udeshi, learned Assistant Government Pleader waives notice for respondent Nos.2 and 3. 3.

Appeal be placed before the Court after service on legal heirs of respondent No.1.

C IVIL APPLICATION (F) NO.635 OF 2023.

4.

By this application, the appellant is seeking stay to the effect, operation, implementation and execution of the impugned judgment and decree dated 12.03.2020 passed by the 4th Joint Civil Judge Senior Division, Yavatmal in L.A.C. No.627 of 2012. 5.

Mr Gohokar, learned Advocate for appellant submitted that the principal amount is already deposited. 6.

In view of the statement made by the learned Advocate for appellant and on depositing the interest amount alongwith statutory deposits within ten weeks, the effect, operation, implementation and execution of the impugned judgment and decree dated 12.03.2020 passed in L.A.C. No.627 of 2012 be TAMBE

64 FA-166-2023 stayed, till final disposal of the appeal.

7.

On failure to deposit the interest amount with statutory deposits within the above said period, the stay granted will be automatically vacated without further reference to the Court. 8.

The civil application is disposed of.

JUDGE.

ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE TAMBE