Executive Engineer, Jigaon Project, Shegaon (Jigaon Project, Dam And Rehabilitation Div. Shegaon) v. Jagdev Bapuna Punde (Dead) Thr. Lrs. Shrikrushna Wasudev Punde And Others

1 11. CAF 237 of 2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.237 OF 2026 WITH CIVIL APPLICATION (CAF) NO.238 OF 2026 IN FIRST APPEAL (STAMP) NO.1684 OF 2025 EXECUTIVE ENGINEER, JIGAON PROJECT, SHEGAON (JIGAON PROJECT, DAM AND REHABILITATION DIV. SHEGAON)

VERSUS

JAGDEV BAPUNA PUNDE (DEAD) THR. LRS. SHRIKRUSHNA WASUDEV PUNDE AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.B. Rathi h/f Mr. P. Patil, Advocate for Appellant. Mr. K.H. Bhondge, AGP for Respondent Nos.2 & 3-State. CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 12th January 2026 1.

Heard learned Advocate for the appellant.

2.

This is an application for condonation of delay of 49 days in filing statutory appeal.

3.

Issue notice to the respondents.

4.

Advocate Mr. S.S. Dalvi, appears for respondent No.1 and waives service of notice on behalf of respondent No.1. Learned AGP waives service of notice on behalf of respondent Nos.2 and 3-State. 5.

Learned Advocate for the appellant submits that the delay of 49 days occurred on account of administrative reasons in seeking necessary approvals and permissions in filing statutory appeal. 6.

Having regard to the contents of the application and submissions advanced, the delay of 49 days does not appear to be

2 11. CAF 237 of 2026.odt intentional. Therefore, the application is allowed and the delay of 49 days in filing statutory appeal is condoned.

7.

The civil application is accordingly disposed of. CIVIL APPLICATION (CAF) NO.238 OF 2026 8.

By this application filed under Order 41, Rule 5 of C.P.C., the appellant seeks stay to the Judgment and Award dated 20.09.2024, passed by the Reference Court at Nagpur. 9.

Issue notice to the respondents.

10.

Advocate Mr. S.S. Dalvi, appears for respondent No.1 and waives service of notice on behalf of respondent No.1. Learned AGP waives service of notice on behalf of respondent Nos.2 and 3-State. 11.

Subject to the appellant depositing the entire amount of compensation along with interest, in this Court, within a period of ten weeks from today, there shall be ad-interim stay to the impugned Judgment and Award, till next date.

(PRAFULLA S. KHUBALKAR, J.) asd