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Bombay High CourtCAF/2404/2017dispossed offdismiss for default

Executive Engineer Minor Irrigation Division Washim v. Bhiva Ganpati Khawade And Another

2017-07-13Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

caf2403.17.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.2403 OF 2017 IN FIRST APPEAL STAMP NO.17129 OF 2016 (The Executive Engineer, Minor Irrigation Divn., Washim Vs. Bhiva Ganpati Khawade and another) --------------------------------------------------------------------------------------------------------------------------------- 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 Appellant.

CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 13 th JULY, 2017.

Issue notice to the respondents, returnable after six weeks.

Shri M.A. Kadu, the learned Assistant Government Pleader waives service of notice for respondent No.2.

Civil Application (F) No.2404/2017:

Heard learned counsel for the appellant.

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 impugned judgment and decree passed by the Reference Court till decision of the appeal.

In case of failure on the part of appellant to

caf2403.17.O.odt 2 deposit the amount within stipulated period the stay shall stand automatically vacated without further reference to the Court.

The application is disposed of.

JUDGE NSN