Executive Engineer, Minor Irrigation Division, V. I. D. C., Washim v. Motiram Namdeo Sabale And 2 Others

caf1934.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.1934 OF 2016 IN FIRST APPEAL STAMP NO.22956 OF 2015 (The Executive Engineer, Minor Irrigation Division, Washim Vs. Motiram Namdeo Sabale 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 S.S. Godbole, Advocate for Applicant/Appellant. Shri Amol Darekar, Advocate for Respondent No.1. Shri M.A. Kadu, AGP for Respondent Nos.2 & 3. CORAM: SMT. DR. SHALINI PHANSALKAR-JOSHI, J.

DATE: 8 th JUNE, 2017.

Issue notices to the respondents, returnable on 06.07.2017.

Shri M.A. Kadu, the learned A.G.P. waives service of notice for respondent Nos.2 and 3. Heard the learned counsel for the parties.

This is an application for condonation of delay of 377 days in preferring the appeal. For the reasons stated in para 3 and 4 of the application as sufficient cause is made out, the delay is condoned, application is allowed and disposed of finally.

caf1934.16.O.odt 2 First Appeal Stamp No.22956/2015:

Heard Admit.

Call for R & P.

Civil Application (F) No.1935/2016:

This is an application for seeking grant of stay of the judgment and award dated 20.02.2014 passed by the District Judge-1, Washim in Land Acquisition Case No.7/2005.

It is submitted by the learned counsel for the appellant that the entire amount of compensation will be deposited within a period of eight weeks from today. In view of this statement and assurance given at bar by the learned counsel for the appellant, the stay is granted to the execution of the impugned judgment and award till the decision of the appeal. The appellant to deposit the entire amount of compensation within the stipulated period of eight weeks.

On failure the appellant to deposit the amount as directed, the stay will be vacated automatically without further reference to the Court. The application is disposed of finally.

JUDGE NSN