Executive Engineer, Lower Wardha ... vs Rambhau Shamrao Kamdi And 2 Others
2021 Latest Caselaw 11691 Bom

24cao498.21mca.odt                                                                               1


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

                      CIVIL APPLICATION NO. 498 OF 2021
                                     AND
              MISC. CIVIL APPLICATION (ST.) NO. 9879 OF 2021 IN
                    FIRST APPEAL (ST.) NO. 13227 OF 2019
(Executive Engineer, Lower Wardha Canal Division, Wardha Vs. Rambhau Shamrao
                               Kamdi and ors.)
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Office Notes, Office Memoranda of                             Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Ms. H.N. Jaipurkar, Advocate h/f Shri B.N. Jaipurkar,
                          Advocate for the appellant.
                          Shri A.M. Kadukar, A.G.P. for the respondent No.1/State.

                                  CORAM:-          PUSHPA V. GANEDIWALA, J.

                                  DATED :-         AUGUST 24, 2021

                                           Heard.

Issue notice to the respondents, returnable after two weeks.

Shri A.M. Kadukar, learned Assistant Government Pleader waives service of notice for the respondent No. 1/State.

Perused the applications.

It is stated that for non-removal of office objection, the Registrar (J) has dismissed the appeal vide order dated 17/09/2019 which is rejected on 01/10/2019.

Considering the reasons as stated in the application in paragraph Nos.2 and 3, the delay caused in filing the first appeal is condoned.

The appeal is restored to the original file, subject to costs of Rs.1000/- to be remitted to the account of High Court Bar Association, Nagpur.

Both the applications are disposed of accordingly.

FIRST APPEAL (ST.) NO. 13227 OF 2019 The office objections, if any, be removed within a period of two weeks, failing which, the appeal would be dismissed without further reference to this Court.

CIVIL APPLICATION (ST.) NO. 13229/2019

This is an application for grant of stay under Order 41 Rule 5 of the Code of Civil Procedure, 1908.

It is stated that the appellant/V.I.D.C. has already deposited entire decretal amount in the Reference Court in L.A.C. No. 94/2015.

Considering the above submission, there shall be ad-interim stay to the operation and execution of the judgment and award dated 20/08/2018 passed by the learned Civil Judge, Senior Division, Wardha till the appearance of the respondents.

JUDGE *DB