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Bombay High CourtCAF/1081/2017ca disposed off

Executive Engineer Minor Irrigation Divsiion Washim v. Pradip S/O Pundlik Katekar (Dead) Thr. Lrs. Pushpa Wd/O. Pradip Katekar And Others

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

20-CAF-1080-17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.1080 OF 2017 IN FIRST APPEAL ST. NO.18349 OF 2016 Executive Engineer, Minor Irrigation Division, Washim. -vsPradip s/o Pundlik Katekar (Dead) Thr. Lrs. Pushpa wd/o Pradip Katekar 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 P. B. Shendre, Advocate for applicant/appellant. Shri M. A. Kadu, AGP for respondent No.3.

CORAM : DR S.S. PHANSALKAR-JOSHI, J.

DATE : JUNE 07, 2017 This is an application for condonation of 334 days delay in preferring the first appeal.

Issue notice to the respondents, returnable on 21/07/2017. Learned Assistant Government Pleader waives notice for respondent No.3.

C.A.F. No.1081 of 2017 This is an application for stay to the execution of judgment and decree dated 03/05/2013 passed by Ad-hoc District Judge-III Washim in LAC No.23/2010.

Heard learned counsel for the

20-CAF-1080-17 2/2 applicant/appellant and learned Assistant Government Pleader for respondent No.3.

Learned counsel for the applicant/appellant submits that the entire amount of compensation would be deposited in this Court within period of twelve weeks from today. In view of this assurance and submission, stay is granted to the execution of impugned judgment and decree subject to the condition that the amount would be deposited within the stipulated period and on failure to do so, the stay granted would be automatically vacated without reference to the Court.

The application is disposed of accordingly.

JUDGE Asmita