Executive Engineer, Lower Pus Project, Yavatmal And Another v. Gopal Omkarmal Mor And Others

1 caf244.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAF NO.244/2017 IN FIRST APPEAL ST. NO.15550/2016 [Executive Engineer, Lower Pus Project, Pusad and one .vs. Gopal Omkarmal Mor and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Parihar, Advocate for applicants-appellants, Shri A.B. Nakshane, Advocate for respondent no.1, Mrs. H.N. Prabhu, AGP for respondent nos.2 and 3. ..........

CORAM : KUM. INDIRA JAIN, J.

DATED : SEPTEMBER 20, 2017.

Heard learned counsel for the parties.

The delay of 180 days in filing the first appeal is not intentional, hence condoned.

Civil Application stands disposed of.

CIVIL APPLICATION NO.245/2017 Heard learned counsel for the parties.

The learned counsel for applicantsappellants states that entire decreetal amount has been deposited. The learned counsel for respondent no.1 does not dispute the same.

As entire decreetal amount has been deposited, the effect and operation of the judgment and award dated 28.9.2015 passed by the learned Civil Judge, Senior Division, Darwha in LAC No. 1193/2004 shall stand stayed during the pendency of first appeal.

Civil Application stands disposed of.

2 caf244.17.odt First Appeal St. No.15550/2016 Heard.

Notice before admission to respondents, returnable within four weeks.

Shri A.B. Nakshane, learned counsel waives service of notice for respondent no.1. Mrs. H.N. Prabhu, learned AGP waives service of notice for respondent nos.2 and 3. JUDGE Gulande