1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. F. NO. 1883 OF 2010 IN FIRST APPEAL ST. NO. 8230 OF 2010 State of Maharashtra Vs. Tukaram Ramji Mundhe Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri Bhagde AGP for applicant. CORAM: .R. M. SAVANT J. Dated: 2 nd FEBRUARY, 2011. Learned AGP has filed pursis dated 29.01.2011 wherein it has been stated that the decretal amount of Rs. 12,568/- is also deposited in reference Court i.e. Civil Judge Senior Division Buldhana vide cheque No. 986055 dated 19.12.2009. The question therefore remains only about the payment of costs. In view of the fact that decretal amount was not deposited, that costs came to be imposed, in fact the decretal amount was already lying in deposit in the trial Court. Be that as it may there is now no impediment in hearing the above civil application which has been filed for condonation of delay of 422 days . The reasons why the delay has occasioned have been mentioned in the civil application. None appears for the respondents though served. The 2 averments setting out the sufficient cause therefore remain uncontroverted. Civil Application is therefore required to be allowed and is accordingly allowed. Resultantly the delay of 422 days in filing appeal stands condoned. Civil Application is accordingly disposed of. C. A. F. No. 1884 of 2010: By the above civil application, the applicant seeks stay of the impugned judgment and award passed by the reference Court. The applicant/appellant has deposited the entire decretal amount in the reference Court on 19.12.2009, in view thereof ad interim stay granted to the order dated 16.08.2010 is required to be confirmed and would operate pending the hearing and final disposal of the above appeal. Civil application is accordingly disposed of. First Appeal St. No. 8230 of 2010: Admit. JUDGE svk 3 4 5