Executive Engineer, Upper Wardha Canal Division No. 1, Irrigation Division, Amravati v. Prabhakar Ramraoji Raut And Others
1 4-CAF-3067-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.3067 OF 2025 IN FIRST APPEAL (ST.) NO.9357 OF 2025 Executive Engineer, Uppar Wardha Cancal Division No.01, Amravati Vs.
Prabhakar Ramraoji Raut 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. U.A. Gosavi, Advocate for the Applicant/Appellant. Mr. Shriram Chopde, Advocate for Respondent No.1. Mr. M.A. Kadu, AGP for Respondent Nos.2 and 3/State. CORAM: PRAFULLA S. KHUBALKAR, J .
DATED : 06 th JANUARY, 1.
By this application under Section 5 of the Limitation Act, the applicant seeks' condonation of delay in filing statutory appeal.
2.
It is submitted that there is a delay of 27 days in filing the appeal, which occurred on account of time consumed in obtaining necessary permissions and approvals in filing of appeal.
3.
Issue notice to the respondents.
4.
Mr. Chopde, Advocate waives service of notice on behalf of respondent No.1.
5.
Learned AGP waives service of notice on behalf of respondent Nos.2 and 3/State.
6.
Having regard to the contents of the application and submissions advanced, the delay of 27 days does not appear to be intentional and the same deserves to be condoned in the interest of justice.
2 4-CAF-3067-2025.odt 7.
Accordingly, the delay of 27 days in filing the appeal is hereby condoned. In view thereof, the civil application is allowed and disposed of.
CIVIL APPLICATION NO.3068 OF 2025 8.
By this application under Order 41 Rule 5 of the Code of Civil Procedure, 1908, the applicant seeks' stay to the impugned judgment and award dated 09.01.2025 passed in Case No.954/AMT/AMT/2018 by the Presiding Officer, Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur.
9.
Issue notice to the respondents, returnable after four weeks.
10.
Mr. Chopde, Advocate waives service of notice on behalf of respondent No.1.
11.
Learned AGP waives service of notice on behalf of respondent Nos.2 and 3/State.
12.
Having regard to the contents of the application and submissions advanced, subject to the appellant depositing the entire decreetal amount with this Court along with interest, within a period of twelve weeks' from today, there shall be ad-interim stay to the impugned judgment and award passed by the Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Nagpur, till next date.
(PRAFULLA S. KHUBALKAR, J . ) Privel