Chief Executive Engineer, Minor Irrigation Division, (V.I.D.C.) Yavatmal v. Mensha Poma Chavan (Deceased) Thr. Lrs. Baban Mansha Chavan And Others

921caf2158.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 2158/2018 IN FIRST APPEAL ST. NO. 16608/2017 The Chief Executive Engineer, Minor Irrigation Division, (VIDC) Pusad, Dist. Yavatmal.

Vs.

Mansha Poma Chavan (Dead) through legal heirs 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 Ramesh C. Raibhandare, counsel for the applicant/appellant. Ms. Geeta Tiwari, AGP for the non-applicant/respondent Nos. 6 and 7. CORAM: ARUN D. UPADHYE , J.

DATE: 09-01-2019.

Heard Shri R.C. Raibhandare, learned counsel for the applicant /appellant and Ms. Geeta Tiwari, learned AGP for the non-applicant /respondent Nos. 6 and 7. Perused the application. There is a delay of 266 days in filing the first appeal. Considering the reasons stated in the application, delay is condoned. The civil application is allowed.

FIRST APPEAL STAMP NO.16608/2017.

Heard.

ADMIT.

Call for record and proceedings.

Ms. Geeta Tiwari, learned AGP waives service of notice for the respondent Nos. 6 and 7.

921caf2158.18.odt 2 CIVIL APPLICATION (F) NO.2159/2018 Heard.

Learned counsel for the applicant / appellant has submitted that he will deposit entire decreetal amount within three months.

In view of the statement made on behalf of the applicant/appellant, the impugned judgment and award dated 25.7.2016 passed by the Civil Judge, Senior Division, Darwha in L.A.C. No. 1972/2004 is stayed.

If the amount is not deposited within three months, stay will be automatically vacated.

rkn JUDGE