Executive Engineer Minor Irrigation Project Pusad Yavatmal v. Sou. Koushlyabai Baliram Dakhore And Others

caf3914.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.3914 OF 2016 IN FIRST APPEAL STAMP NO.16001 OF 2016 (Executive Engineer, Minor Irrigation Project, Pusad, Dist. Yavatmal Vs. Sou. Koushalyabai Baliram Dakhore and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri Anoop Parihar, Advocate for Appellant.

CORAM: SMT. DR. SHALINI PHANSALKAR-JOSHI, J.

DATE: 27 th JUNE, 2017.

Heard learned counsel for appellant and learned Assistant Government Pleader for respondent Nos.2 and 3.

For the reasons stated in para 2 and 3 of the application as sufficient cause is made out, the delay in preferring the appeal condoned with no order as to costs.

The application is allowed and disposed of accordingly.

First Appeal Stamp No.16001/2016:

Head.

Admit.

Call for R & P.

caf3914.16.O.odt 2 Appellant to file private paper-book within a period of six months. After the receipt of R & P, learned counsel for respondent No.1 waives service of notice and learned Assistant Government Pleader waives service of notice for respondent Nos.2 and 3. Civil Application (F) No.3915/2016:

Heard learned counsel for the parties.

Subject to condition of appellant depositing the entire decretal amount of the compensation within a period of eight weeks from today.

The stay is granted to the execution of the impugned judgment and decree passed by the Reference Court till decision of the appeal.

In case of failure on the part of appellant to deposit the amount within stipulated period the stay shall stand automatically vacated without further reference to the Court.

The application is disposed of.

JUDGE NSN