Usman Iman Mulla Died Lrs Jalil And Others v. Prashant Narnavre Collector, Osmanabad And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 562 CONT. PETITION NO. 129 OF 2016 IN FA/331/2015 USMAN IMAN MULLA DIED LRS JALIL AND OTHERS

VERSUS

PRASHANT NARNAVRE COLLECTOR, OSMANABAD AND ANR ...

CORAM : V.K. JADHAV, J.

Dated: February 27, 2017 ...

PER COURT :-

1. None present for the petitioner and so also respondent no.1, though served. By an order dated 23rd January, 2015, the Division Bench of this Court ( Coram: R.M.Borde and P.R.Bora, JJ.) granted ad interim stay to the execution of the award on a condition of deposit of total decretal amount together with interest, solatium and component as awarded by the Reference Court, in this Court, within a period of twelve weeks from the date of the said order.

2. Since the amount is not deposited as per the aforesaid conditional order, the petitioner / original claimants filed this Contempt Petition seeking appropriate action under the Contempt of Courts Act, against the respondents.

3. It appears that the Division Bench of this Court has passed the conditional order, as aforesaid, and it is manifest that if the said condition is not fulfilled, the stay would not be operated and the petitioners / original claimants are at liberty to file application for execution of the decree under appeal. In view of this, I do not find any substance in this Contempt Petition and the Contempt Petition is disposed of accordingly.

( V.K. JADHAV, J. ) agp/-