{1} Civil Application No.10146/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10146 OF 2011 IN FIRST APPEAL STAMP NO.22224 OF 2011 The Executive Engineer, MSEDCL, Beed APPLICANT VERSUS Alka Popat Chitale & others RESPONDENTS ....... Mr.A.R.Salve, Advocate for the applicant Mr.S.J.Salunke, Advocate for respondents No.1 to 3 ....... [CORAM : A.V.POTDAR, J.] DATE: 9 th November 2011 PER COURT: 1. By this application, the applicant has prayed for condonation of delay of 81 days caused in fling appeal against the judgment and order dated 10.02.2011 passed by CJSD, Beed. Though the application is strongly opposed by learned counsel for respondents, yet considering the grounds raised in the application, the application is allowed and the delay is condoned. [A.V.POTDAR, J.] drp/B11/ca10146-11 {2} Civil Application No.10146/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL STAMP NO.22224 OF 2011 The Executive Engineer, MSEDCL, Beed APPELLANT VERSUS Alka Popat Chitale & others RESPONDENTS ....... Mr.A.R.Salve, Advocate for the appellant Mr.S.J.Salunke, Advocate for respondents No.1 to 3 ....... [CORAM : A.V.POTDAR, J.] DATE: 9 th November 2011 PER COURT: 1. Heard learned counsel for the appellant. Issue notice to the respondents. Mr.Salunke, learned counsel, accepts notice for the respondents. [A.V.POTDAR, J.] drp/B11/ca10146-11 {3} Civil Application No.10146/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10147 OF 2011 IN FIRST APPEAL STAMP NO.22224 OF 2011 The Executive Engineer, MSEDCL, Beed APPLICANT VERSUS Alka Popat Chitale & others RESPONDENTS ....... Mr.A.R.Salve, Advocate for the applicant Mr.S.J.Salunke, Advocate for respondents No.1 to 3 ....... [CORAM : A.V.POTDAR, J.] DATE: 9 th November 2011 PER COURT: 1. By this application, the applicant has prayed to stay the execution of the impugned order dated 10.02.2011. Heard. Stay to the execution of the impugned judgment and decree on the condition that the appellant shall deposit 75% of the decreetal amount i.e. Rs.3 lakh in the lower Court within four weeks from today. The respondents / claimants are entitled to withdraw 50% the said amount i.e. Rs.1,50,000/- by executing undertaking to the {4} Civil Application No.10146/2011 effect that the withdrawal shall be subject to the final decision of the present first appeal. If the applicant failed to deposit the amount, as directed, the stay would automatically stand vacated. Application stands disposed of accordingly. Parties to act on the authenticated copy of this order. [A.V.POTDAR, J.] drp/B11/ca10146-11