Executive Engineer, Purna Medium Project, Achalpur Division, Achalpur Amravati v. Satish S/O Babarao Choudhary (Deshmukh) And Others

22fa16.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 16/2023 Executive Engineer, Purna Medium Project, Achalpur Division, Achalpur Amravati Vs Satish S/O Babarao Choudhary (Deshmukh) And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms I.P. Khisti, advocate for the appellant.

Mr R.J. Shinde, Advocate for the respondent No.1. Ms T.H. Udeshi, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 03 /0 3 / 202 3.

1.

Record and proceedings is not received yet.

2.

Appellant to file private paper book within a period of ten weeks after receipt of record and proceedings. 3.

Appellant to verify whether the amount of compensation is deposited or not?

4.

Appeal be placed before the Court for final hearing after private paper-book is filed and its verification, as per its own turn.

Civil Application (CAF) No. 2372/2021 This application is filed for grant of stay under Order 41 Rule-5 of the Code of Civil Procedure.

2.

The office note nowhere shows that the appellant has deposited the amount.

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22fa16.2023.odt 3.

On depositing the amount of compensation along with accrued interest within a period of eight weeks, the implementation, execution of the impugned judgment and order dated 03/08/2019 passed by the learned Civil Judge, Senior Division, Achalpur in LAC No. 24/2013 be stayed till final disposal of the appeal.

4.

If the amount is already deposited, the stay granted will operate till disposal of the appeal. If the amount is not deposited and appellant failed to deposit within stipulated period, the stay granted will be vacated automatically without further reference to the Court.

Civil application No. 2372/2021 is disposed of. JUDGE Signed By:RAJESH K NANDURKAR rkn