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Bombay High CourtCAF/1670/2021delay condonatedrejected

Exe. Engineer, Wan Project, Shegaon (Now Exe. Engineer, Jigaon Pro. Dam And Rehabilitation Div.) v. Gajanan S/O Pralhad Sonone And Another

2022-01-24Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

23.FAST.9968.2021.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.213/2022 IN First Appeal Stamp No.9968/2021 Executive Engineer, Wan Project Shegaon Dist. Buldhana Vs. Gajanan S/o Pralhad Sonone & Anr. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri P.B. Patil, Advocate for the Applicant/Appellant. Shri H.D. Dubey, AGP for Respondent No.2.

CORAM : SMT. ANUJA PRABHUDESSAI , J.

DATE : 24 th JANUARY, 2022.

01] Shri P.B. Patil, learned counsel for the Appellant states that the entire amount of compensation along with interest will be deposited before this Court within a week. In the light of the said statement, execution and implementation of the impugned judgment and award is stayed till final disposal of the appeal. 02] It is made clear that in the event the Appellant fails to deposit the said amount within stipulated period, stay order shall stand vacated without reference to the Court. 03] The civil application stands disposed of in above terms. Civil Application (CAF) No.1670/2021 04] By this application, the Applicant has sought to condone the delay of 74 days in filing the appeal under Section 54 of the Land Acquisition Act, 1894.

05] The application is not contested by the Respondent No.1

23.FAST.9968.2021.

2/2 despite due service. The Respondent No.2 has no objection for condoning the delay. In the light of the said statement and in view of the reasons stated in the application, the application is allowed. Delay is condoned. Civil application stands disposed of. 06] Appeal be registered after removing office objections, if any.

First Appeal Stamp No.9968/2021 07] Heard.

08] Admit.

09] Call for the record and proceedings.

10] Shri H.D. Dubey, learned AGP waives service on behalf of the Respondent No.2/State.

11] Issue notice to the Respondent No.1.

12] Private paper-book to be filed within six months. 13] Learned counsel for the Appellant states that other connected appeal being First Appeal Stamp No.9948/2021 is also pending before this Court. The same be tagged along with this appeal and be listed for final hearing on 8th February, 2022. (SMT. ANUJA PRABHUDESSAI, J.) Vijay Signed By:VIJAY KUMAR Personal Assistant