Executive Engineer, Bhama Askhed ... vs Satu Jijaba Shivekar (Since ...
2022 Latest Caselaw 1254 Bom

                                                                      09-fast-25861-2021.odt

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                   FIRST APPEAL (STAMP) NO. 25861 OF 2021
                                                   WITH
                                    INTERIM APPLICATION NO. 465 OF 2022
                                                   WITH
                                    INTERIM APPLICATION NO. 466 OF 2022
                                                    IN
                                   FIRST APPEAL (STAMP) NO. 25861 OF 2021


                   Executive Engineer                          ... Appellant
                                  Versus
                   Shri.Satu Jijaba Shivekar
                   Since deceased through legal heirs
                   1a-Maruti Satu Shivekar and Ors.            ... Respondents

                   Smt. Chaitrali Deshmukh, for the Appellant.
                   Mr. S. R. Wakale, for Respondent No.1.
                   Ms. Tanaya Goswami, AGP, for the State-Respondent Nos. 2 and 3.

                                              CORAM : V. G. BISHT, J.

DATE : 3RD FEBRUARY, 2022.

PC:

INTERIM APPLICATION NO. 465 OF 2022

Heard both the sides.

2 I have also gone through the contents of the condonation of delay

application. The reasons given for the delay appear to be just and

reasonable. Hence, the same are accepted and delay of 2 years 189

days in filing the First Appeal stands condoned.

REKHA
PRAKASH            Rekha Patil                                                           1/3
PATIL
Digitally signed
by REKHA
PRAKASH PATIL
Date: 2022.02.03
17:05:44 +0530
                                                  09-fast-25861-2021.odt

3      Interim Application stands disposed of accordingly.

4      Appeal be numbered.

5 Issue notice to respondent, returnable on 7th April, 2022. Learned

Counsel for respondents waive service on behalf of the respective

respondents.

6 List the First Appeal for Admission on 7th April, 2022.

INTERIM APPLICATION NO. 466 OF 2022

Heard learned counsel for the applicant/appellant by way of

present Appeal.

2 The applicant/appellant is challenging the Judgment and Award

dated 19/03/2019 passed by the learned Ad-hoc District Judge-1 at

Khed-Rajgurunagar, District- Pune in Lands Reference Case No.261 of

2014 whereby learned Judge allowed the Reference and passed the

order in question. Learned Counsel for appellant submits that there are

arguable points and requests that the judgment and Award dated

19/03/2019 passed by the learned trial Judge be stayed and also shown

the willingness to deposit the amount of Award as decreed by the

learned trial Judge.

Rekha Patil                                                         2/3
                                                  09-fast-25861-2021.odt

3      The impugned judgment and Award passed by the learned trial

Judge on 19/03/2019 shall stand stayed subject to applicant/appellant

depositing the entire decretal amount of Award before the trial Court

within 8 weeks from today. If the said decretal amount is not deposited

within 8 weeks, the stay shall stand vacated automatically.

4 Post the matter for consideration on 7th April, 2022.

                                               (V. G. BISHT, J.)




Rekha Patil                                                         3/3