Bombay High Court
The Executive Engineer, Upper ... vs Kisan Maroti Yerawar (Dead) Thr. Lrs. ... on 15 January, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:529
-1- 3.CAF.3858.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION (CAF) NO. 3858 OF 2023
IN
FIRST APPEAL ST. NO. 13951 OF 2022
The Executive Engineer & Ors. Vs. Kisan Maroti Yerawar (Dead) thr. L.Rs. & Ors.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. M.R. Joharapurkar, Advocate for the Applicants/Appellants.
Mr. A.R. Patil, Advocate for Respondent Nos.1 to 10.
Mr. Ganesh Umale, AGP for Respondent Nos.11 & 12/State.
CORAM : G. A. SANAP, J.
DATED : 15th JANUARY, 2024.
Heard learned advocates for the parties. Perused the
record and proceedings.
2. This is an application for condonation of 86 days
delay caused in filing the appeal against the impugned
judgment and decree. Learned advocates for the respondents
submit 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 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 86 days caused in filing the appeal
against the impugned judgment and decree is condoned.
5. The appeal be registered.
-2- 3.CAF.3858.2023.odt
6. The application stands disposed of, accordingly.
FIRST APPEAL ST. NO. 13951 OF 2022
7. Heard.
8. Admit.
9. Learned advocate Mr. A.R. Patil waives service of
notice on behalf of respondent Nos.1 to 10.
10. Learned AGP waives service of notice on behalf of
respondent Nos.11 and 12.
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 (CAF) NO. 3859 OF 2023
13. Heard learned advocate for the appellants.
14. Perused the application. The reasons have been
stated in the application.
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 05.05.2021, passed by
learned Joint Civil Judge (Senior Division), Pusad in Land
Acquisition Case No.292/2010 till final disposal of this appeal.
16. The application stands disposed of, accordingly.
(G. A. SANAP, J.)
Vijay
Signed by: Mr. Vijay Kumar
Designation: PA To Honourable Judge
Date: 16/01/2024 12:42:58
