Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal v. Aatmaram Anandrao Khatare Thr. Lrs. Vinod Aatmaram Khatare And Others

925.CAF 2285.2021 in FAst 10203.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2285 OF 2021 IN FIRST APPEAL (ST.) NO. 10203 OF 2020 Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal ...VERSUS...

Aatmaram Anandrao Khatare (dead) thr. LRs. Vinod Aatmaram Khatare and ors. ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Smt. I.P. Khisti, Advocate for appellant.

Shri A.M.Kadukar, Asst.G.P. for respondent nos. 3 and 4.

CORAM

:

SMT. M. S. JAWALKAR, J.

DATE :

th JULY , 2022.

1.

In spite of service, respondent nos. 1 and 2 are absent. 2.

Shri A.M.Kadukar, learned Asst. Government Pleader has appeared for respondent nos. 3 and 4.

3.

The present application is filed for condonation of delay of 269 days in filing First Appeal. The said delay is caused due to time taken for getting certified copy and obtaining opinions from the concerned officers regarding filing of the appeal as well as the said delay is also caused due to time taken for obtaining the Court fees and other formalities.

4.

The learned Asst. Government Pleader appearing for respondent nos. 3 and 4 has no serious objection to condone the delay.

925.CAF 2285.2021 in FAst 10203.2020 5.

For the reasons stated in the application, the application is allowed.

6.

The delay in filing First Appeal is hereby condoned. 7.

Accordingly, the application is disposed of.

8.

The Registry is directed to register the First Appeal. CIVIL APPLICATION (CAF) 2286/2021 The present application is filed for grant of stay to the impugned judgment dated 23/10/2019 passed by learned Civil Judge, Senior Division, Darwha in L.A.C. No. 35/2010. 2.

The learned counsel appearing for the appellant submits that the principal amount has already been deposited before the Reference Court and she seeks permission to deposit remaining amount as per award passed by learned Civil Judge, Senior Division, Darwha within two weeks.

3.

Her statement is accepted as an undertaking. In view thereof, the application is allowed.

4.

The effect of execution of impugned judgment is hereby stayed, subject to the condition of depositing the remaining/balance amount within two weeks.

5.

The application is disposed of.

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