Bombay High CourtCAO/2041/2016ca disposed off

Executive Engineer Lower Wardha Project Division Wardha v. Deorao S/O. Bhimrao Gandhe And Others

2016-12-14Hon'Ble Shri Justice Sunil B. Shukre2 pages

cao.2041.16 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAO] No.2041 of 2016 in Civil Application [MCA] Stamp No.24870 of 2016 in First Appeal Stamp No.15951 of 2016 (Executive Engineer, Lower Wardha Project Division, Wardha vs.

Deorao Bhimrao Gandhe 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 Anoop Parihar, Advocate for the Appellant.

CORAM

: S.B. SHUKRE, J.

DATE : 14 th DECEMBER, 2016.

Heard.

For the reasons stated in the application, the application is allowed. The delay is condoned. The application is disposed of accordingly.

Civil Application [MCA] Stamp No.24870/2016 : Heard.

For the reasons stated in the application, the application is allowed. The order of the learned Registrar dated 15/11/2016 is recalled. First Appeal Stamp No.848/2016 stands restored to it's original file. Office objections, if any, be removed within one week from the date of the order.

cao.2041.16 2 Civil Application [CAF] St. Nos.15954 & 15955 of 2016: Heard.

Issue notice to the respondents on both the applications, returnable after winter vacations. Shri S.D. Chande, learned Counsel waives notice for respondent Nos.1 to 8 and Shri K.R. Lule, learned A.G.P. waives for respondent Nos.9 to 11.

Having considered the grounds of appeal, there shall be interim stay to the execution of the judgment and decree dated 14/01/2016 passed by the 2nd Joint Civil Judge, Senior Division, Wardha in L.A.C. No.549/2007 till final disposal of the appeal subject to condition that the appellant shall deposit in this Court the entire decretal amount within twelve weeks from the date of the order, failing which, the application for stay shall stand dismissed automatically without further reference to this Court.

*sdw JUDGE