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Bombay High CourtCAF/2206/2026disposedoff

The Municipal Council, Shegaon Thr Its Chief Officer, Shegaon v. Vijay Pandurang Wagh And Others

2026-05-08Hon'Ble Shri Justice Yanshivraj Gopichand Khobragade2 pages

1 36-caf-2205-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2205 OF 2026 IN FIRST APPEAL (ST) NO. 8787 OF 2026 The Municipal Council, Shegaon Vs.

Vijay Pandurang Wagh and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri D. M. Kale, Advocate for applicant.

Shri B. M. Lonare, AGP for non-applicant nos. 2 & 3/State. CORAM :- Y. G. KHOBRAGADE, J.

DATED :- 08.05.2026 Heard.

2.

By the present application, the applicantMunicipal Council seeks condonation of delay of 416 days while lodging the appeal against the judgment and award dated 19.11.2024 passed by the learned Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur in Case No.4043/AMT/BLD/2020.

3.

Issue notice to the non-applicants made returnable on 16.06.2026.

4.

Mr. B. M. Lonare, learned AGP waives service of notice on behalf of non-applicant nos.2 and 3. RR Jaiswal

2 36-caf-2205-26.odt CIVIL APPLICATION (CAF) NO. 2206 OF 2026 5.

Heard the learned counsel appearing for the respective parties.

6.

By the present application under Order 41 Rule 5 of the Code of Civil Procedure, the applicantAcquiring Body seeks stay to the execution, operation and implementation of the judgment and award dated 19.11.2024 passed by the learned Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur in Case No.4043/AMT/BLD/2020.

7.

Considering the exorbitant enhancement of amount, it would be just and proper to stay the effect, operation and execution of the impugned judgment and award on depositing 50% of the entire decretal amount with accrued interest in this Court within a period of eight weeks from today.

8.

The application stands disposed of.

(Y. G. KHOBRAGADE, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 08/05/2026 14:36:04 RR Jaiswal