Bombay High Court
The Executive Engineer Mid ... vs Pandharinath Dnyanoba Kendre on 11 October, 2022
Bench: R. G. Avachat, R. M. Joshi
-1-
ca14398.22.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 14398 OF 2022 IN
FIRST APPEAL ST. NO. 27180 OF 2022
The Executive Engineer Applicant
Versus
Pandharinath Dnyanoba Kendre Respondent
Mrs. C.R. Kutti Choudhari, Advocate for the applicant.
Mr. R. B. Bagul, APP for respondent/State.
Mr. A. B. Kale, Advocate for respondents No. 1 to 7.
CORAM : R. G. AVACHAT &
R. M. JOSHI, JJ.
DATE : 11th OCTOBER, 2022.
PER COURT :
1. Perused the application. Heard learned counsel for both
the sides.
2. It seems that delay is not intentional. Learned counsel
for respondent has recorded no objection for condonation of delay.
3. In view of the above, application is allowed. Delay is
condoned. Application stands disposed of.
( R. M. JOSHI ) ( R. G. AVACHAT )
Judge Judge
dyb
ca14398.22.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 14399 OF 2022 IN
FIRST APPEAL ST. NO. 27180 OF 2022
The Executive Engineer Applicant
Versus
Pandharinath Dnyanoba Kendre Respondent
Mrs. C.R. Kutti Choudhari, Advocate for the applicant.
Mr. R. B. Bagul, APP for respondent/State.
Mr. A. B. Kale, Advocate for respondents No. 1 to 7.
CORAM : R. G. AVACHAT &
R. M. JOSHI, JJ.
DATE : 11th OCTOBER, 2022.
PER COURT :
1. Issue notice to the respondents returnable on 22 nd
November, 2022.
2. Applicant is seeking stay of the impugned judgment and
decree. Learned counsel for the applicant proposes to deposit 50% of
the decreetal amount. she submits that while passing the impugned
judgment, joint measurements were not taken and the compensation
is apparently excessive and that APMC person is not examined.
ca14398.22.odt
3. Aforesaid contention can be taken into consideration
while deciding the appeal on merits. At this stage, it is necessary to
secure substantial amount involved in the decree.
4. In view of this, applicant is directed to deposit 75% of the
amount along with interest accrued thereon till date within a period
of 12 weeks from today.
5. Subject to deposit of amount as directed, the impugned
judgment and order stands stayed in terms of prayer clause 'B.
( R. M. JOSHI ) ( R. G. AVACHAT )
Judge Judge
dyb
ca14398.22.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL ST. NO. 27180 OF 2022
The Executive Engineer Appellant
Versus
Pandharinath Dnyanoba Kendre Respondent
Mrs. C.R. Kutti Choudhari, Advocate for the appellant
Mr. R. B. Bagul, APP for respondent/State.
Mr. A. B. Kale, Advocate for respondents No. 1 to 7.
CORAM : R. G. AVACHAT &
R. M. JOSHI, JJ.
DATE : 11th OCTOBER, 2022.
PER COURT :
1. Issue notice to respondents returnable on 22 nd
November, 2022.
2. Call R & P.
( R. M. JOSHI ) ( R. G. AVACHAT )
Judge Judge
dyb
