The Executive Engineer, Upper ... vs Sk. Hidayat Sk. Fakira And Others
2024 Latest Caselaw 914 Bom

Bombay High Court

The Executive Engineer, Upper ... vs Sk. Hidayat Sk. Fakira And Others on 15 January, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

2024:BHC-NAG:533
                                                         -1-                         2.CAF.3856.2023.odt



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

                         CIVIL APPLICATION (CAF) NO. 3856 OF 2023
                                            IN
                            FIRST APPEAL ST. NO. 14354 OF 2022
                    The Executive Engineer & Ors. Vs. Sk. Hidayat Sk. Fakira & 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 No.1.
                               Mr. Ganesh Umale, AGP for Respondent Nos.2 & 3/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- 2.CAF.3856.2023.odt

6. The application stands disposed of, accordingly.

FIRST APPEAL ST. NO. 14354 OF 2022

7. Heard.

8. Admit.

9. Learned advocate Mr. A.R. Patil waives service of notice on behalf of respondent No.1.

10. Learned AGP waives service of notice on behalf of respondent Nos.2 and 3.

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. 3857 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 07.05.2021, passed by learned Joint Civil Judge (Senior Division), Pusad in Land Acquisition Case No.105/2010 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 12:47:14