Bombay High CourtCAF/68/2019admittedallwdgrantedrule absolute

Union Of India Thr. The General Manager, Central Railway, Mumbai v. Gajanan S/O Manikarao Darne And Others

2019-04-29Hon'Ble Mrs. Justice Swapna Joshi2 pages

29.04.CAF.68.19+

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (f) No.68/2019 ; 69/2019 ; CAO 903/2019 IN FIRST APPEAL NO.12492/2018 (Union of India and another vs. Gajanan Manikrao Darne and others) ...................................................... ............................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. V.M.Gadkari, Adv. for appellants/applicants Mr. V.D. Darne, Adv.for Res.No.1 Ms. Barabde, AGP for respondents 2 and 3 CORAM: MRS.SWAPNA JOSHI, J.

D ATED : 29th April, 2019.

This is an Application seeking condonation of delay of 185 days in filing the Appeal.

Heard. Perused the contents of the Application. On a perusal of the same, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay.

In view thereof, the delay is condoned, subject to payment of costs of Rs.500/- to be deposited with Vidarbha Lady Lawyers' Association, Nagpur.

CAO NO. 903/2019 This is an application seeking extension of time to deposit the compensation amount.

For the reasons mentioned in the Application, the Civil Application is allowed. The applicants are granted six weeks time to deposit the compensation granted by Reference Court. The Civil Application is disposed of.

29.04.CAF.68.19+ CA NO.69/2019 This is an application for grant of stay. Learned counsel for the applicants submits that the appellants would deposit the decretal amount in this court within a period of six weeks.

On depositing the decretal amount, there shall be stay to the effect, operation and execution of the judgment and order dated 28.8.2017 passed by Joint Civil Judge, S.D. Wardha in LAC No.183/2014.

The Civil Application stands disposed of.

APPEAL:

Heard.

Admit.

Call R & P.

Respective counsel waives notice.

JUDGE sahare