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Bombay High CourtCAO/859/2024allowed

The Executive Engineer, Minor Irrigation Division, Karanja, Washim (Under V.I.D.C., Karanja) v. Pandu Vithoba Maharnar Thr. P.O.A. Holder Kalu Pandu Maharnar And Others

2024-07-23Hon'Ble Shri Justice Sanjay Anandrao Deshmukh4 pages

cao859.24.odt 1/4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) No.859 OF 2024 IN MISC. CIVIL APPLICATION ST. No.13148 OF 2024 IN FIRST APPEAL ST. No.15808 OF 2023 (D) (The Executive Engineer, Minor Irrigation Division , Karnaj under VIDC, Karanja, Tq. Karanja Distt. Wahsim Vs. Pandu vithoba Maharnar, through POA holder Kalu Pandu Maharnar and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M.A. Kadu, Advocate for appellant.

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 23 rd JULY, 2024.

Learned A.G.P. for the respondent Nos.2 and 3 has strongly objected the application.

This is an application for condonation of delay caused for preferring application for restoration of the appeal.

cao859.24.odt 2/4 application, the application deserves to be allowed in the interest of justice.

9.

The application is allowed.

10.

The delay of 217 days caused in preferring restoration application is condoned.

11.

MISC. CIVIL APPLICATION ST. No.13148 OF 2024. application, the application deserves to be allowed in the interest of justice.

The application is allowed.

The appeal is restored on its original number. 9.

Civil Application (CAF) St. No.22364/2023.

This is an application for condonation of delay caused of 51 days in filing appeal against the impugned judgment and award.

cao859.24.odt 3/4 application, the application deserves to be allowed in the interest of justice.

The application is allowed.

9.

The delay of 51 days caused in filing appeal is condoned.

Civil Application (CAF) St. No.22365/2023.

This is an application for staying the execution of the impugned judgment and award dated 23.3.2023. For the reasons stated in the application, the application deserves to be allowed in the interest of justice.

The application is allowed, subject to depositing amount of award within twelve weeks. 9.

There shall be stay to the execution of the

cao859.24.odt 4/4 impugned judgment and award dated 23.3.2023, passed by Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Nagpur.

10.

FIRST APPEAL ST. No.15808 OF 2023.

Admit.

Call R. & P.

The appellant is directed to remove the office objections within six weeks.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 24/07/2024 18:34:02