Executive Engineer, Minor Irrigation Division, Pusad Yavatmal v. Tukaram Alu Ade And 2 Others

17.CAF 2109.2021 in FAst 9177.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2109 OF 20 2 1 IN FIRST APPEAL (ST.) NO. 9177 OF 20 2 0 Executive Engineer, Minor Irrigation Division, Pusad, Yavatmal ...VERSUS...

Tukaram Alu Ade and others ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms. Ira P. Khisti, Advocate for appellant.

Shri S.D. Dharaskar, Advocate h/f. Shri K.S.Narwade, Advocate for respondent no. 1.

Shri M.A.Kadu, Asst. G.P. for respondent nos. 2 and 3.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th AUGUST , 2022.

The present application is filed for condonation of delay in filing First Appeal challenging the judgment and order dated 01/07/2019 passed by learned Civil Judge, Senior Division, Pusad, District Yavatmal in L.A.C. No. 113 of 2004.

2.

The delay is caused on the ground of administrative approval, which was not intentional or deliberate.

3.

As such, the delay is properly justified. Accordingly, I proceed to pass the following order:-

ORDER

i.

The application is allowed.

ii.

Delay in filing First Appeal is hereby condoned. iii.

Registry is directed to register the First Appeal. iv.

The application stands disposed of.

17.CAF 2109.2021 in FAst 9177.2020 CIVIL APPLICATION (CAF) NO. 2110 OF 2021 This application is filed for grant of stay.

2.

The learned counsel for the appellant submits that on the instructions, the entire decreetal amount will be deposited within eight weeks.

3.

In view of the above statement, the execution of judgment and order dated 01/07/2019 passed by learned Civil Judge, Senior Division, Pusad, District Yavatmal in L.A.C. No. 113 of 2004 is hereby stayed.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar