The Executive Engineer, Upper Painganga Project Division, Umarkhed, Yavatmal v. Makaji S/O Shankar Fulewar And Others

1 34 caf474.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) NO.

I N FIRST APPEAL ST. NO. 14055 OF 2022 EXEC.ENGINEER, UPPER PAINGANGA PROJECT DIVN., UMARKHED AND OTHERS

VERSUS

MAKAJI S/o SHANKAR FULEWAR AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. M. R. Joharapurkar, Advocate for the appellants. Mr. Anuj R. Patil, Advocate for respondent no.1 Mr. K. R. Luley, A.G.P. for respondent nos.2 and 3 CORAM :

G. A. SANAP, J.

DATE :

FEBRUARY , 20 24.

1.

Heard learned advocates for the parties.

2.

This is an application for condonation of 87 days delay caused in filing appeal against impugned judgment and award, dated 03.03.2021 passed by the Reference Court.

3.

It is stated that the delay has caused due to Covid-19 pandemic situation and for obtaining administrative sanctions for filing appeal. Learned advocates for the respondents have no objection for allowing the application. 4.

In view of the above, the application is allowed. Delay of 87 days caused in filing appeal stands condoned. 5.

The appeal be registered.

6.

The application stands disposed of, accordingly. FIRST APPEAL (ST.) No. 14055 of 2022 1.

Heard.

2 34 caf474.24.odt 2.

ADMIT.

3.

Mr. Anuj Patil, learned advocate waives service of notice on behalf of respondent no.1.

4.

Mr. K.R. Luley, learned A.G.P. waives service of notice on behalf of respondent nos.2 and 3 5.

Call for the record and proceedings.

6.

Paper book be filed within twelve weeks from receipt of the record and proceedings. If the paper book is not filed within the said period, then the appeal shall stand dismissed without reference to the Court.

Civil Application (CAF) No. 475 of 2024 1.

Heard learned advocate for the appellant.

2.

This is an application for grant of stay.

3.

Subject to the appellant depositing entire decretal amount with interest, within Twelve weeks from today, there shall be stay to the execution of the impugned judgment and decree, dated 03.03.2021, passed by learned Joint Civil Judge, Senior Division, Pusad in Land Acquisition Case No. 204/2010, till disposal of the appeal. ( G. A. SANAP, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 05/03/2024 19:39:08