Executive Engineer Lower Pus Project Pusad Tah. Pusad Yavatmal And Another v. Dhanraj Babanrao Rathod And Others

caf3907.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.3907 OF 2016 IN FIRST APPEAL STAMP NO.16140 OF 2016 (Executive Engineer, Lower Pus Project, Pusad, Dist. Yavatmal and another Vs. Dhanraj Babanrao Rathod 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 Appellants.

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

DATE: 27 th JUNE, 2017.

Heard learned counsel for the appellant, learned counsel for respondent No.1 and learned A.G.P. for respondent Nos.2 and 3.

For the reasons stated in para No.2 and 3 of the application, as the sufficient cause is made out, the delay in filing of this appeal is condoned.

The application is allowed with no order as to costs.

Civil Application (F) No.3908/2016:

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

caf3907.16.O.odt 2 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.

First Appeal Stamp No.16140/2016:

Heard.

Admit.

Call for R & P.

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. JUDGE NSN