Executive Engineer, Karajvan ... vs Shri Govind Shankar Bendkoli And ...
2022 Latest Caselaw 2007 Bom

                                                                       14-CAF-1610-2018.DOC




                      Sonali



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                     CIVIL APPLICATION NO.1610 OF 2018
                                                        IN
                                    FIRST APPEAL (ST) NO. 9028 OF 2018


                      Executive Engineer Karajvan Canal Division             ...Applicant
                      Nashik
                            Versus
                      Shri. Govind Shankar Bendkoli & Ors                ...Respondents


                      Ms. Chaitrali Deshmukh, for the Applicant/Appellant.
                      Mr. A. R. Patil, Addl. GP, for Respondent No.3.


                                             CORAM        Madhav J. Jamdar, JJ.

                                             DATED:       26th February 2022
                      PC:-


   SONALI

MILIND 1. Not on board. Mentioned. Taken on board. PATIL Digitally signed by

2. This Civil Application is for stay to the execution of the SONALI MILIND PATIL Date: 2022.02.28 18:04:54 +0530

judgment and award dated 31st July 2015 passed in L.A.R. No.378 of 2001 by the learned Civil Judge, Senior Division, Nashik.

3. Ms. Chaitrali Deshmukh, the learned counsel appearing for the Applicant states that the entire amount as directed by

26th February 2022 14-CAF-1610-2018.DOC

the judgment and awarde dated 31st July 2015 has been deposited before filing this First Appeal in the Court of learned Civil Judge, Senior Division, Nashik. She further submits that if any short fall is there, the same will be deposited within a period of 8 weeks from today.

4. Although Respondents Nos. 1 to 3 i.e. original claimants are served, none appeared for the Respondents today. Civil Application No.1609 of 2018 filed in above First Appeal for condonation of delay was on board today and none appeared for Respondents Nos. 1 to 3 in the said Civil Application. Although papers of Civil Application No. 1610 of 2018 are placed before this Court, this Civil Application is not shown on board today. However, as the entire amount is deposited or will be deposited within 8 weeks in the Court of Civil Judge, Senior Division, Nashik, the interest of Respondents Nos. 1 to 3 is adequately protected.

5. In view of the above, the Civil Application is allowed in terms of prayer clause (b).

6. Ms. Chaitrali Deshmukh, the learned Advocate appearing for the Applicant states that within a period of 12 weeks from today, Affidavit will be filed in the above First Appeal regarding compliance of this order.

(Madhav J. Jamdar, J)

26th February 2022