Maharashtra Housing And Area ... vs Baburao S/O Sambaji Surve And ...
2021 Latest Caselaw 16817 Bom

                                           1                                    031221fa312.21.odt


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

                                FIRST APPEAL NO. 312 OF 2021
                MAH. HOUSING & AREA DEVELOPMENT BOARD, NAGPUR
                                     VERSUS
         BABURAO SAMBAJI SURVE (Dead) THRU. Lrs PRAKASH SURVE AND OTHERS
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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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                          Mr. Bhushan Mohata, Advocate for the appellant.
                          Mr. K. S. Nalamwar, Advocate for the respondent nos.1 to 5.

                                  CORAM : V. M. DESHPANDE, J.

DATE : DECEMBER 03, 2021.

1. On 08.04.2021, this Court (Coram : S.M.Modak, J.) granted stay to the execution of the impugned judgment and decree, subject to the appellant depositing entire decretal amount within a period of ten weeks. However, as on today, the amount is not deposited and the appellant is enjoying the stay. This is rather unfortunate especially when the appellant is a statutory body.

2. Today, learned counsel Mr. B. N. Mohta, prays for one week's time to deposit the amount.

3. Further one week's time is granted to the appellant i.e. on or before 10th of December, 2021, the appellant shall deposit the entire amount along with the interest in this Court, failing which the ad-interim stay granted by this Court on 08.04.2021 shall stand vacated automatically without back reference to the Court.

JUDGE Diwale