Exe. Engineer, Minor Irrigation Division, Washim (Washim Irrigation Division, (Construction) Washim v. Ratan S/O Rambhau Kokate And Others

1 31 caf 1694-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1694/2023 IN FIRST APPEAL STAMP NO. 9935/2023 Executive Engineer, Minor Irrigation Division, Washim Vs.

Ratan S/o Rambhau Kokate and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri Vinay Rathi, Advocate h/f Shri P.B. Patil, Advocate for appellant Shri V.B. Gawali, Advocate for respondent No.1 Ms T.H. Udeshi, AGP for respondent Nos. 2 & 3 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 17/08/2023 Time was granted to file reply to the application. However, no reply is filed. There is delay of 65 days in filing first appeal.

2.

For the reasons stated in paragraph Nos. 2 and 3, application is allowed.

3.

Delay in filing first appeal is hereby condoned. 4.

Registry is directed to register first appeal. 5.

Application stands disposed of.

CIVIL APPLICATION (CAF) NO. 1695/2023 Present application is filed for grant of stay to the effect, execution of the impugned judgment and award.

2 31 caf 1694-2023 2.

As per statement of learned Counsel for appellant, entire decreetal amount is already deposited in the Lower Court. As such there shall be stay to the effect, execution and operation of the impugned judgment and award in L.A.C. No. 114/2012, during the pendency of appeal.

3.

Learned Counsel for respondent is at liberty to move appropriate application, if he wants permission from this Court to withdraw the amount.

4.

List the matter for admission along with First Appeal Stamp No. 9935/2023 along with CAF No.1694/2023 and 1965/2023, First Appeal Stamp No.9931/2023 along with CAF No.1692/2023 and 1693/2023, First Appeal Stamp No.8656/2023 along with CAF No.1335/2023 and 1336/2023, First Appeal Stamp No.8665/2023 along with CAF No.1286/2023 and 1287/2023, First Appeal Stamp No.8746/2023 along with CAF No.8747/2023 and 8749/2023, First Appeal Stamp No.8753/2023 along with CAF No.1355/2023 and 1356/2023.

(SMT. M.S. JAWALKAR, J.) Jayashree..