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Bombay High CourtCAF/687/2024allowed

V.I.D.C, Through Executive Engineer, Bembla Project Division, Yavatmal v. Sudhakar Waman Kusam And Others

2025-09-11Hon'Ble Shri Justice M. W. Chandwani2 pages

2025:BHC-NAG:8963 1 19 caf687.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) NO. 687 OF 2024 IN FIRST APPEAL ST. NO. 17033 OF 2023 V.I.D.C. THRU. EXEC.ENGINEER, BEMBLAA CANAL DIVN., YAVATMAL

VERSUS

SUDHAKAR WAMAN KUSAM AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Ms. A. S. Athalye, Advocate for the appellant. Mr. A. G. Mate, A.G.P. for non-applicant nos.2 and 3. CORAM : M. W. CHANDWANI, J.

DATE : SEPTEMBER 11, 2025.

1.

Heard.

2.

This is an application for condonation of delay of 435 days caused in filing first appeal.

3.

Though, contesting respondent no.1 was served, he choses not to appear. Respondent nos.2 and 3 have not filed any reply.

4.

Considering the reasons mentioned in the application, which gone uncontroverted, the delay in filing appeal is condoned, subject to payment of costs of Rs.5,000/- (Rupees Five thousand only) to the Gondia Bar Association, Gondia, within two weeks.

5.

The application is allowed and disposed of accordingly.

6.

The appeal be registered

2 19 caf687.24.odt Civil Application (CAF) No. 688 of 2024 1.

This is an application for grant of stay.

2.

Subect to the appellant depositing the entire decretal amount within twelve weeks from today, there shall be stay to the execution of the impugned judgment and decree dated 03.03.2022 passed by the learned 3rd Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No. 321/2018 during pendency of the appeal.

3.

The application is allowed and disposed of accordingly.

(M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 11/09/2025 20:04:08