Maha. State Power Generation Co. ... vs Mohd. Ayyaz Ab. Munaf And Others
2023 Latest Caselaw 10161 Bom

2023:BHC-NAG:14476



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

                               CIVIL APPLICATION (CAF) NO. 12228 OF 2023
                                                  IN
                                   FIRST APPEAL ST. NO.12225 OF 2023
           (Maharashtra State Electricity Generation Co. Ltd.,...Versus...Mohd. Ayyaz Ab. Munaf and another.)
                                                          with
                                           FIRST APPEAL NO.884 OF 2023
              (Maharashtra State Power Generation Co. Ltd.,...Versus...Mohd. Ayyaz Ab. Munaf and Ors.)
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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. N.G. Moharir, Advocate for appellant.
                                   Shri S.S. Sohoni, Advocate for respondent no.1.
                                   Shri M.A. Kadu, AGP for respondent No.2/State.

                                                     CORAM : G. A. SANAP, J.

DATED : OCTOBER 3, 2023

1. Heard learned Advocates for the parties. Perused the record and proceedings.

2. Learned Advocate for the respondent No.1 and learned AGP for the respondent No.2 submit that Court may pass an appropriate order.

3. The delay caused in filing the appeal is of 23 days.

4. The reasons have been stated in the application. In view of the reasons stated in the application, application is allowed. 23 days delay caused in filing the appeal against impugned judgment and order is condoned.

5. The application stands disposed of. CIVIL APPLICATION (CAF) NO. 12227 OF 2023

1. Heard learned Advocate for the appellant and learned Advocate for the respondent no.1. Perused the application.

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2. The reasons have been stated in the application.

3. In view of the reasons stated in the application, subject to deposit the entire amount of compensation within eight weeks, there shall be stay to the execution of impugned judgment and award dated 15/02/2023 passed by the learned 2nd Joint Civil Judge Senior Division, Akola in Land Acquisition Reference Case No.122/2013.

4. The application stands disposed of.

FIRST APPEAL ST. NO.12225 OF 2023

1. Heard. Admit.

2. Shri S.S. Sohoni, learned advocate waives service of notice on behalf of respondent No.1.

3. Learned AGP waives service of notice on behalf of respondent No. 2.

4. Call record and proceeding.

5. Paper book be filed within twelve weeks from the date of receipt of record.

6. If paper book is not filed within twelve weeks then the appeal shall stand dismissed without further reference to the Bench.

JUDGE

manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 05/10/2023 11:43:06