Bombay High CourtCAF/2383/2014admittedallwdgrantedrule absolute

Executive Engineer, Zilla Parishad, Irrigation Division, Yavatmal v. Methibai Sadashiv Jadhao And Others

2015-02-11Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf2383.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.2383 OF 2014 IN FIRST APPEAL STAMP NO.16163 OF 2014 (Executive Engineer, Zilla Parishad, Irrigation Division, Yavatmal ..vs.. Methibai Sadashiv Jadhao 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 D. Sonwane, Advocate for the applicant, Shri V.N. Patre, Advocate for the non-applicant Nos.1 to 4, Shri M.A. Kadu, Advocate for the non-applicant Nos.5 and 6. CORAM : Z.A. HAQ, J.

DATED : 11-02-2015 For the reasons stated in the application and the fact that it is not opposed inasmuch as the reply is not filed, the delay of 104 days in filing the appeal is condoned.

The civil application is allowed.

Civil Application Nos.2384 of 2014 & 86 of 2015. The appellant has deposited Rs.10,97,022/-. Shri V.N. Patre, learned Advocate for the respondent Nos.1 to 4 submits that the respondent Nos.1 to 4-claimants have filed execution for recovery of the amount of Rs. 15,00,000/-. The learned Advocates for the respective parties to appear before the learned Registrar (Judicial) on 18-2-2015 to substantiate their contentions in respect of the amount which is required to be deposited by the appellant pursuant to the impugned order. The learned

2 caf2383.14 Registrar (Judicial) shall hear the learned Advocates for the respective parties and pass appropriate orders regarding the quantum of amount to be deposited by the appellant pursuant to the impugned order.

List the applications for further consideration on 27-2-2015.

First Appeal Stamp No.16163 of 2014.

The appellant shall carry out the amendment within one week.

JUDGE pma