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Bombay High CourtCAF/1039/2017ca disposed off

Executive Engineer Purana Medium Project Achalpur Amravati v. Narayan Wasudeorao Band And Others

2017-06-07Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

15-CAF-1038-17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.1038 OF 2017 IN FIRST APPEAL ST. NO.16730 OF 2016 Executive Engineer, Purna Medium Project, Achalpur, Dist. Amravati -vsNarayan Wasudeorao Band and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri S. S. Godbole, Advocate for applicant/appellant. Shri M. A. Kadu, AGP for respondent Nos.5 and 6. CORAM : DR S.S. PHANSALKAR-JOSHI, J.

DATE : JUNE 07, 2017 This is an application for condonation of delay of 411 days in preferring the first appeal.

Issue notice to the respondents, returnable on 05/07/2017. Learned Assistant Government Pleader waives notice on behalf of respondent Nos.5 and 6. C.A.F. No.1039 of 2017 This is an application for stay to the execution of judgment and decree dated 13/03/2015 passed by the Civil Judge, Senior Division, Achalpur in LAC No. 69/2008.

Learned counsel for the appellant submits that the entire amount of compensation as awarded by the Reference Court would be deposited in this Court within period of eight weeks from from today. In view of this assurance, stay is granted to the execution of the impugned judgment and decree subject to deposit of the

15-CAF-1038-17 2/2 entire amount of compensation within period of eight weeks. On failure to do so, stay would stand automatically vacated without reference to Court. Application is disposed of accordingly.

JUDGE Asmita