Executive Engineer, Purna Medium ... vs Shri Diwakar Kisanrao Takarkhede ...
2021 Latest Caselaw 10528 Bom

                                              1                             45 caf1489.21.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.

            CIVIL APPLICATION (CAF) NO. 1489 OF 2021 IN
                 FIRST APPEAL STAMP NO. 2268 OF 2021
     The Executive Engineer, Purna Mediumn Project, Achalpur Division,
                     Taluka Achalpur, Dist. Amravati
                                   Vs.
                 Diwakar Kisanrao Takarkhede and others
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions             Court's or Judge's orders.
and Registrar's Orders.
                  Shri U.A. Gosavi, Advocate for applicant.
                  Shri A.R. Chutke, A.G.P. for non-applicant Nos.2 and 3.


                                 CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 6th AUGUST, 2021.

Heard.

2. This is an application for condonation of delay in filing the appeal.

3. Issue notice to the non-applicants, returnable in four weeks.

4. Shri A.R. Chutke, learned A.G.P. waives service of notice on behalf of non-applicant nos.2 and 3.

CIVIL APPLICATION (F) NO. 1490 OF 2021

1. This is an application under Order 41 Rule 5 of Code of Civil Procedure for grant of stay.

                                    2                       45 caf1489.21.odt

         2.             The    learned   counsel   for    applicant/apellant

submitted that the appellant has deposited entire decreetal amount i.e. Rs.5,59,868/-. Learned counsel for appellant undertakes to deposit entire interest amount within a period of eight weeks.

3. Considering the submission, ad interim stay to the execution and operation of judgment and decree dated 27.03.2019 in Land Acquisition Case No.42 of 2013 passed by learned Civil Judge Senior Division, Achalpur, until further orders, subject to deposit of interest amount with Reference Court.

JUDGE Wagh