The Executive Engineer, Bembla Canal Division, Yavatmal v. Amol Manohar Aglawe (Since Deceased) Thr. Lrs. Manohar Baburao Aglawe And Others

26.10.caf354.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 354/2018 IN FIRST APPEAL STAMP NO. 15945/2017 The E.E., Bembla Canal Division, Yavatmal.

Vs.

Amol Manohar Aglawe 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 M.A. Kadu, Advocate for the Applicant/Appellant. Shri A.B. Nakshane, Advocate for the non-applicant Nos.1 and 2. Shri S.D. Sirpurkar, AGP for the non-applicant Nos. 3 and 4. CORAM: A.D. UPADHYE , J.

DATE: 26-10-2018.

Heard.

There is a delay of 233 days caused in filing the first appeal.

Having heard the learned Counsel for the applicant and having gone through the contents of the application, I find that sufficient cause is made out for condoning the delay. Hence, the delay is condoned. The civil application is allowed.

FIRST APPEAL ST. NO.15945/2017 Heard.

ADMIT.

Call for record and proceedings.

Shri S.D.Sirpurkar, learned Assistant Government

26.10.caf354.18.odt 2 Pleader waives service of notice for the respondent nos.3 and 4.

CIVIL APPLICATION (CAF) No.355/2018 Shri M.A.Kadu, learned Counsel for the applicant has submitted that the entire decretal amount is deposited and therefore decree is under challenge. In view of the statement made by the learned Counsel for the applicant/ appellant, Pursis has filed on record to that effect. The execution of the Judgment and Award dated 19/04/2016 passed by the Civil Judge, Senior Division, Yavatmal in L.A.C. No.94/2011 is hereby stayed till the disposal of the appeal.

Civil Application is disposed of. No costs.

The applicant/appellant to file private paperbook within six months. JUDGE rkn