Allowed

The Executive Engineer, Upper Painganga Project Division, Umarkhed, Yavatmal v. Ashok Lingoji Shewalkar and Others

Bombay HC2 Jan 2024CAF/3595/2023

Case brief

AI extract

What is this about?

The High Court allowed condonation of an 87-day delay in filing a first appeal against a lower court's judgment and decree. In a separate civil application, the court granted stay on the execution of the impugned decree pending final disposal, subject to a deposit of the entire compensation amount within twelve weeks.

What did the court decide?

Condonation of 87-day delay in filing appeal granted; stay on execution of decree allowed subject to deposit of compensation.

The Executive Engineer, Upper Painganga… — Civil Procedure and Limitation | Bombay HC (2024)

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2024:BHC-NAG:55

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1 20.CAF.3595.2023

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

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CIVIL APPLICATION (CAF) NO. 3595 OF 2023 IN FIRST APPEAL (St.) NO. 14062 OF 2022 The Executive Engineer, Yavatmal and others .VS.

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Ashok Lingoji Shewalkar and others

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_______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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Mr M. R. Johrapurkar, Advocate for the appellants Mr Anuj Patil, Advocate for respondent No. 1 Mr M. A. Kadu, AGP for respondent Nos. 2 and 3/State

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CORAM : G.A. SANAP, J. DATE : JANUARY 02, 2024.

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

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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.

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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

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2 20.CAF.3595.2023

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

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

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The application stands disposed of, accordingly.

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The appeal be registered.

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FIRST APPEAL (ST.) NO. 14062 OF 2022

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Heard.

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ADMIT.

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Learned Advocate Mr Anuj Patil waives service of notice on behalf of respondent No. 1.

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

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Call for record and proceedings.

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

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CIVIL APPLICATION NO. 3596 OF 2023

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Heard learned Advocate for the appellants.

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

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3 20.CAF.3595.2023

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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 04.03.2021 passed by the Civil Judge Senior Division, Pusad in Land Acquisition Case No. 290 of 2010 till final disposal of this appeal.

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The application stands disposed of, accordingly.

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(G. A. SANAP, J.)

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Namrata

The Executive Engineer, Upper Painganga Project Division, Umarkhed, Yavatmal v. Ashok Lingoji Shewalkar and Others

Case brief

What is this about?

What did the court decide?

The Executive Engineer, Upper Painganga Project Division, Umarkhed, Yavatmal v. Ashok Lingoji Shewalkar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

Coram

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