{1} Civil Application No.10116/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10116 OF 2011 IN FIRST APPEAL STAMP NO.20713 OF 2011 Maharashtra State Electricity Distribution Co.Ltd. APPLICANT VERSUS Kishor Sahebrao Aute & Another RESPONDENTS ....... Mr. S.V.Mundhe, Advocate for the applicant Mr.A.R.Kawade h.f Mr.R.L.Chhabda Advocate for R-1 Mr.S.G.Kawade h/f Mr.S.J.Salunke, Advocate for R-2 ....... [CORAM : A.V.POTDAR, J.] DATE: 13 th December 2011 PER COURT: 1. By this application, the applicant seeks condonation of delay of 5 days caused in preferring the appeal. Heard learned counsel for the applicant and for the reasons stated in the application, the application is allowed and the delay is condoned. [A.V.POTDAR, J.] drp/B11/ca10116-11 {2} Civil Application No.10116/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10757 OF 2011 IN FIRST APPEAL STAMP NO.20713 OF 2011 Maharashtra State Electricity Distribution Co.Ltd. APPLICANT VERSUS Kishor Sahebrao Aute & Another RESPONDENTS ....... Mr. S.V.Mundhe, Advocate for the applicant Mr.A.R.Kawade h.f Mr.R.L.Chhabda Advocate for R-1 Mr.S.G.Kawade h/f Mr.S.J.Salunke, Advocate for R-2 ....... [CORAM : A.V.POTDAR, J.] DATE: 13 th December 2011 PER COURT: 1. By this application, the applicant / appellant seeks stay to the execution of the judgment and decree dated 30.04.2011 passed by Civil Judge Senior Division, Aurangabad in Special Civil Suit No.199/2009. 2. Heard. Considering the evidence on record and the {3} Civil Application No.10116/2011 finding in respect of disability of original plaintiff coupled with the age of the plaintiff, I think it appropriate to direct the appellant to deposit 75% of the decreetal amount. In the premise, stay to the execution of the impugned judgment and decree on the condition that the applicant shall deposit Rs.7,50,000/- in this Court within 8 weeks from today. On failure to deposit the said amount the stay would stand vacated automatically. It is hereby made clear that if any application is moved on behalf of original plaintiff seeking withdrawal of the amount to be deposited by the appellant, then the same shall not be considered without affording opportunity of hearing to the appellant. Civil Application allowed accordingly. [A.V.POTDAR, J.] drp/B11/ca10116-11 {4} Civil Application No.10116/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL STAMP NO.20713 OF 2011 Maharashtra State Electricity Distribution Co.Ltd. APPELLANT VERSUS Kishor Sahebrao Aute & Another RESPONDENTS ....... Mr. S.V.Mundhe, Advocate for the appellant Mr.A.R.Kawade h.f Mr.R.L.Chhabda Advocate for R-1 Mr.S.G.Kawade h/f Mr.S.J.Salunke, Advocate for R-2 ....... [CORAM : A.V.POTDAR, J.] DATE: 13 th December 2011 PER COURT: 1. Heard. Issue notice to the respondents. Mr.A.R.Kawade h/f Mr.Chhabda, accepts notice for respondent No.1 and Mr.S.G.Kawade h/f Mr.Salunke accepts notice for respondent No.2. [A.V.POTDAR, J.] drp/B11/ca10116-11