V.I.D.C., Thr. Executive Engineer, Minor Irrigation Division, Washim v. Mohansingh Amarsingh Rathod Thr. Lrs. Ghansham Bharat Rathod And Others

5 caf2832.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.2832 OF 2024 IN FIRST APPEAL STAMP NO.12037 OF 2024 VIDC, Washim Vs. Mahansingh Amarsingh Rathod and others __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mrs U.A. Patil, Advocate for appellant.

Shri S.C. Mehadia, Advocate for respondent no.1. Shri M.A. Kadu, AGP for respondent nos.2 and 3/ State. CORAM : M.W. CHANDWANI, J.

DATE : 09.05.2025.

1.

By this application, the applicant is seeking condonation of delay of 46 days caused in preferring the appeal.

2.

For the reasons mentioned in the application coupled with no objection given by the non-applicants, delay of 46 days stands condoned. Appeal be registered.

3.

The application stands disposed of.

FIRST APPEAL STAMP NO.12037 OF 2024 4.

Heard.

5.

Issue notice to the respondents.

6.

Shri Mehadia, learned counsel waives service of notice for respondent no.1.

5 caf2832.24.odt 7.

Shri Kadu, learned AGP waives service of notice for respondent nos.2 and 3.

8.

Stand over after summer vacation.

CIVIL APPLICATION (CAF) NO.2833 OF 2024 9.

Since entire decreetal amount has been deposited by the appellant, pending appeal, there shall be stay to the execution of impugned award dated 04.01.2024 passed by the learned Civil Judge, Senior Division, Mangrulpir in LAC No.253/2013.

10.

The application stands disposed of.

CIVIL APPLICATION (CAF) NO.1783 OF 2025 11.

By this application, respondent no.1 is seeking permission to withdraw the decreetal amount deposited by the appellant.

12.

Considering the grounds raised in the memo of appeal, 50% of the decreetal amount is allowed to be withdrawn by respondent no.1 on furnishing usual undertaking.

13.

The application stands disposed of.

JUDGE Wagh