Deputy Chief Engineer, Yavatmal Central Railway, Wardha v. Damu Mahadu Malani And Others

2026:BHC-NAG:6388-DB 1-caf1581.26.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLN.(F)NOs. 1581 & 1582 OF 2026 IN FIRST APPEAL ST.NO. 25284 OF 2025 Deputy Chief Engineer, Yavatmal Central Railway, Wardha -Vs.- Damu Mahadu Malani and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr.S.A.Chaudhari, Adv. for the appellant.

Ms Hemlata Dhande, AGP for the respondent-State. CORAM : SMT. M. S. JAWALKAR & NANDESH S.DESHPANDE, JJ.

DATE : 24TH APRIL, 2026 CIVIL APPLN. (F) NO. 1581 OF 2026 Heard learned counsel for the appellant.

2.

The present application is filed for condonation of delay of 37 days in filing first appeal.

3.

In view of the reasons mentioned in paras-5 to 7 of the application, we are satisfied that there is sufficient cause made out for condoning the delay of 37 days. Accordingly, the application is allowed. The Registry is directed to register the first appeal. The application stands disposed of. CIVIL APPLN. (F) NO. 1582 OF 2026 Heard learned counsel for the appellant.

2.

The present application is filed for grant of stay to the effect, operation and execution of the judgment and decree KHUNTE

1-caf1581.26.odt 2/2 dated 02/07/2025 passed by the Presiding Officer, Land Acquisition Resettlement & Rehabilitation Authority, Nagpur in Case No.795/AMT/YTL/19. The learned counsel for the appellant submits that the appellant is ready to deposit the entire decretal amount along with interest within a period of six weeks. Hence, issue notice to the respondents, returnable on 12/06/2026.

3.

Learned AGP Ms.Hemlata Dhande waives notice for the respondent Nos.2 and 3.

4.

The appellant to serve the respondent No.1 by any private mode available in law in addition to usual mode of service.

5.

There shall be ad interim relief in terms of prayer clause "2", subject to deposit of entire decretal amount along with interest within a period of six weeks.

FIRST APPEAL ST. NO. 25284 OF 2025 Heard learned counsel for the appellant.

2.

After registering first appeal, issue notice to the respondents, returnable on 12/06/2026.

3.

Learned AGP Ms.Hemlata Dhande waives notice for the respondent Nos.2 and 3.

4.

The appellant to serve the respondent No.1 by any private mode available in law in addition to usual mode of service.

(NANDESH S.DESHPANDE, J) (SMT.M.S.JAWALKAR, J) Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 24/04/2026 19:02:23 KHUNTE