Chief Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal v. Yamunabai Hari Chavhan And Others
21-CAF 3424-19 in FAst-12689-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO.
OF 20 IN FIRST APPEAL (ST.) NO.
12689 OF 20 CHIEF EXECUTIVE ENGINEER, MADHYAM PRAKALPA VIBHAG, YAVATMAL ...VERSUS...
YAMUNABAI HARI CHAVHAN AND ORS.
____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Mrs. Ira P. Khisti, Advocate for applicant/appellant. Shri S.V. Ingole, Advocate for respondent no. 1. Ms. T.H.Udeshi, AGP for respondent nos. 2 and 3.
CORAM
:
SMT. M. S. JAWALKAR,J.
DATE :
th JUNE, 2023 Heard.
2.
The present application is filed for condonation of delay in filing First Appeal.
3.
It appears that the appellant has already deposited the amount of compensation and the said amount has been withdrawn by the claimant on certain conditions. Delay is caused due to administrative procedure to be complied with and for obtaining the opinion and the Court fees.
4.
Learned counsel for the respondents vehemently opposed the application.
5.
However, there is no intentional or deliberate delay in filing the appeal. As such, appellant is entitled for condonation of delay. Accordingly, the application is allowed. Delay in filing First Appeal is hereby condoned.
21-CAF 3424-19 in FAst-12689-19.odt 6.
Registry is directed to register the First Appeal. 7.
Accordingly, the application stands disposed of. CIVIL APPLICATION (CAF) NO.
OF 20 For the reasons stated in the application, application is allowed.
2.
There will be stay to the effect, execution and operation of the judgment and decree dated 10/04/2017 passed by learned Civil Judge, Senior Division, Darwha in LAC No. 61/2010, during the pendency of the appeal.
3.
Accordingly, the application stands disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar