The Executive Engineer v. Mr. Damodar Amruta Devre (Death) Through Legal Heirs Mr. Dnyaneshwar D. Devre And ORS.
906.CAF3745_2014.doc Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3745 OF 2014 IN FIRST APPEAL NO. 807 OF 2015 The Executive Engineer ...
Applicant Vs.
Damodar Amruta Devre (deceased) through LRs Dnyaneshwar D. Devre & Ors. ...
Respondents Mr. Abhijeet A. Joshi, Advocate for the applicant. Mr. N.M. Poojary i/b. Mr. P.N. Joshi, Advocate for respondent nos. 2 to 7. CORAM: MRS.MRIDULA BHATKAR, J.
DATE : 29th October, 2015 P.C.:
This Application is moved for stay to the execution and operation of the judgment and award dated 7th December, 2013 in Land Reference Application No. 210 of 2004 passed by learned Civil Judge Senior Division, Malegaon, District Nashik.
2.
The learned counsel for the applicant/acquiring body informs the Court that as on today, they have deposited the entire amount, which comes to Rs.1,11,37,961.10.
3.
The learned counsel for the respondents/original claimants dispute this amount and contended that as per their calculation, yet amount of Rs.4,16,954/- is due from the applicant and it is to be deposited. The
906.CAF3745_2014.doc learned counsel further submitted that till today, he has not withdrawn any amount which is deposited towards the award by the appellant/applicant. He has moved an Application before the Executing Court. 4.
The learned counsel for the applicant submitted that the calculation which is given by the learned counsel for the respondents will be processed before the proper authority to take decision, as it is a Government body. He prays that, as on today, this award is to be stayed, as the appellant has good case on merits and the Appeal is pending before the Court.
3.
In view of this, the impugned judgment and award is stayed till final hearing of the Appeal. The respondents have liberty to file an application for withdrawal of the amount before this Court whenever they want. 4.
Civil Application is disposed of.
5.
The Appeal will be listed in due course.
(MRS.MRIDULA BHATKAR, J.)