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Bombay High CourtCAF/2287/2018admittedallwdgrantedrule absolute

The Executive Engineer, Bembla Project, Yavatmal Division v. Sanjay Vasantrao Deshpande And Others

2018-08-10Hon'Ble Mrs. Justice Swapna Joshi2 pages

1 caf2287.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAF NO.2287/2018 IN FIRST APPEAL ST. NO.17197/2017 [The Executive Engineer .vs. Sanjay Vasantrao Deshpande and others] ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ..................................................................................................................................................................................................... Ms A.M. Gupta, Advocate h/f Shri P.B. Patil, Advocate for applicant-appellant, Shri K.S. Narwade, Advocate for respondent no.1, Shri S.B. Bissa, AGP for respondent nos.2 and 3. ..........

CORAM : MRS. SWAPNA JOSHI, J.

DATED : AUGUST 10 , 2018 .

This is an application filed by the applicant-appellant for condonation of delay.

Heard the learned counsel for the parties.

For the reasons mentioned in the application, the application is allowed. The delay of 242 days in filing appeal is hereby condoned. The application stands disposed of. CIVIL APPLICATION [F] NO.2288/2018 This is an application filed by the applicant-appellant for grant of stay to execution of decree dated 4.5.2016 passed in L.A.C. No.384/2007.

Heard the learned counsel for the parties.

The learned counsel for the applicant-appellant submits that the entire decreetal amount shall be deposited in the court within a period of twelve weeks.

In view of the statement made by the learned counsel for the applicant-appellant, there shall be ad-interim stay to the effect and operation of the execution of decree dated 4.5.2016 passed in L.A.C. No.384/2007.

2 caf2287.18.odt FIRST APPEAL ST. NO.17197/2017 Heard.

Admit.

Call R & P.

Shri K.S. Narwade, learned counsel waives notice for respondent no.1 and Shri S.B. Bissa, learned AGP waives notice for respondent nos.2 and 3.

Private paper book be filed within a period of four months. JUDGE Gulande