The Executive Engineer, Upper ... vs Rangrao Marotrao Chandre (Dead) Thr. ...
2024 Latest Caselaw 42 Bom

Bombay High Court

The Executive Engineer, Upper ... vs Rangrao Marotrao Chandre (Dead) Thr. ... on 2 January, 2024

Author: G.A. Sanap

Bench: G. A. Sanap

                                                1               19.CAF.3590.2023

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

             CIVIL APPLICATION (CAF) NO. 3590 OF 2023
                                    IN
                 FIRST APPEAL (St.) NO. 14058 OF 2022
                The Executive Engineer, Yavatmal and others
                                   .VS.
          Rangrao Marotrao Chandre (dead) through LR's and others
 _______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
         Mr M. R. Johrapurkar, Advocate for the appellants
         Mr Anuj Patil, Advocate for respondent Nos. 1 to 7
         Mr M. A. Kadu, AGP for respondent Nos. 8 and 9/State


                          CORAM : G.A. SANAP, J.

DATE : JANUARY 02, 2024.

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

2. This is an application for condonation of 87 days delay caused in filing the appeal against the impugned judgment and decree. Learned Advocate for the respondents submits that in view of the reasons stated in the application, subject to suitable condition the Court may pass an appropriate order.

3. The reasons have been stated in the application. It is stated that due to second wave of Covid-19, the steps could not be taken for filing the appeal within time. On 2 19.CAF.3590.2023

going through the application I am satisfied that the case is made out for condonation of delay. Accordingly, the application is allowed.

4. The delay of 87 days caused in filing the appeal against the impugned judgment and decree is condoned.

5. The application stands disposed of, accordingly.

6. The appeal be registered.

FIRST APPEAL (ST.) NO. 14058 OF 2022

7. Heard.

8. ADMIT.

9. Learned Advocate Mr Anuj Patil waives service of notice on behalf of respondent Nos. 1 to 7.

10. Learned AGP waives service of notice on behalf of respondent Nos. 8 and 9/State.

11. Call for record and proceedings.

12. Paper book be filed within six weeks from the date of receipt of record and proceedings.

CIVIL APPLICATION NO. 3591 OF 2023

13. Heard learned Advocate for the appellants.

14. Perused the application. The reasons have been stated in the application.

3 19.CAF.3590.2023

15. In view of the reasons stated in the application, subject to deposit of the entire amount of compensation within twelve weeks, there shall be stay to the execution of the impugned judgment and decree dated 07.05.2021 passed by the Civil Judge Senior Division, Pusad in Land Acquisition Case No. 297 of 2010 till final disposal of this appeal.

16. The application stands disposed of, accordingly.

(G. A. SANAP, J.)

Namrata

Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 03/01/2024 18:00:54