Bombay High Court
The Executive Engineer, Medium ... vs Gangaram Motiram Kuchankar And ... on 29 November, 2021
Bench: V.M. Deshpande
20 CAF-1029-2019
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (F) NO.1029 OF 2019
AND
CIVIL APPLICATION (F) NO.1030 OF 2019
IN
FIRST APPEAL (ST) NO.25885 OF 2018
[The Executive Engineer and Anr. ..Versus.. Gangaram Motiram
Kunchankar and Ors.]
____________________________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Shri. P. B. Patil, Advocate for the Applicants
Mrs. M. H. Deshmukh, AGP for the Non-Applicant Nos.3 and 4.
CORAM : V. M. DESHPANDE, J.
DATE : 29th NOVEMBER, 2021.
1. This is an Application for condonation of delay in
filing the First Appeal.
2. The learned Counsel Shri. P. B. Patil appears for
the Applicants. On the present Application for
condonation of delay and also on the Application
No.1030 of 2019 i.e. Application for stay, notices were
issued and in view of the statement made by the
learned Counsel Shri. P. B. Patil, the judgment and
award dated 09.08.2016 passed by the learned Joint
Civil Judge Senior Division, Kelapur was stayed until
further order.
3. It appears that during the pendency of this
present Application, Non-Applicant Nos.1 and 2 could
not be served because of non supply of the correct
address by the Applicants to the Registry. In spite of
20 CAF-1029-2019
2
ample opportunity given to the appellant, the correct
addresses were not supplied. Consequently, the
Registrar (J) of this Court on 11.02.2020 dismissed the
matter against the Non-Applicant Nos.1 and 2, who are
the main contesting parties, they being claimants.
4. As per the order dated 05.03.2019 passed in Civil
Application No.1030 of 2019, though stay was granted
in favour of the Applicants on a condition that the
Applicants will deposit the entire amount, the learned
Counsel for the Applicants submitted that even as on
today, the amount is not deposited. Consequently, the
Applicants/Appellants are enjoying the stay order of this
Court without adhering with the condition. Further, till
today no steps are taken by the Applicants for setting
aside the order passed by the Registrar (J).
5. In that view of the matter and since the
Application against the original claimants is already
dismissed, I see no reason to keep this matter pending.
Consequently, I pass the following order :
ORDER
i) Civil Application No.1029 of 2019 is dismissed.
ii) Civil Application No.1030 of 2019 stands
dismissed.
iii) Ad-interim stay granted by this Court on
05.03.2019 in Civil Application No.1030 of 2019 stands
vacated and the original claimants shall be entitled to
execute the decree against the Applicants.
20 CAF-1029-2019
iv) Consequent upon dismissal of Application for
condonation of delay, the Appeal is dismissed.
JUDGE
TAMBE
Digitally signed by
ASHISH ASHISH
ASHOKRAO ASHOKRAO TAMBE
Date: 2021.12.01
TAMBE 10:49:39 +0530
