The Executive Engineer, Minor Irrigation Division, Vidarbha Irrigation Development Cop., Washim v. Bhaurao Ashruji Saoke, Since Deceased Through His Lrs., Annapurnabai Bhaurao Saoke And Others

caf.268.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.268 of 2015 in First Appeal Stamp No.21211 of 2014 (The Executive Engineer, Minor Irrigation Division, V.I.D.C., Washim vs.

Bhaurao Ashruji Saoke, through L.Rs. and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= 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 the Applicant/Appellant. Shri V.K. Paliwal, Advocate for Respondent Nos.1 to 4. Smt. A.R. Kulkarni, A.G.P. for Respondent Nos.5 and 6. CORAM : R.K. DESHPANDE, J.

DATE : NOVEMBER 27, 2015.

Notices were already issued to the respondents. They are all served.

Shri Paliwal, the learned Counsel appearing for respondent Nos.1 to 4 and Smt. Kulkarni, the learned A.G.P. for respondent Nos.5 and 6.

For the reasons stated in this application, which remain uncontroverted, I am satisfied that sufficient cause is made out for condonation of delay. Hence, the delay caused is condoned.

Office is directed to register First Appeal Stamp No.21211/2014.

caf.268.15 2/2 First Appeal Stamp No.21211/2014 :- Heard the learned Counsels appearing for the parties.

ADMIT.

Shri Paliwal, the learned Counsel waives service of notice for respondent Nos.1 to 4 and Smt. Kulkarni, the learned A.G.P. waives service for respondent Nos.5 and 6. Call for record and proceedings.

Civil Application [CAF] No.269/2015 :- Heard the learned Counsels for the respective parties.

For the reasons stated in the application, the application is allowed.

There shall be stay in terms of prayer (a) of the civil application, which shall continue to operate pending the decision of the appeal.

The appellant to deposit the entire decretal amount in this Court within a period of twelve weeks from today, failing which, the civil application shall stand dismissed without reference to this Court.

The civil application stands disposed of.

JUDGE *sdw