The Executive Engineer Minor Irrigation Division Jalna v. Bhagwan Annasaheb Bagal And ORS

3661-16 ca

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 3661 OF 2016 IN FA/2494/2013 The Executive Engineer, Minor Irrigation, Division Jalna.

... Applicant.

VERSUS

Bhagwan Annasaheb Bagal and others.

... Respondents.

WITH CIVIL APPLICATION NO.3662 OF 2016 IN FA/2495/2013 The Executive Engineer, Minor Irrigation, Division Jalna.

... Applicant.

VERSUS

Bhakar Annasaheb Bagal and others.

... Respondents.

...

Advocate for Applicant : Mr. Ruturaj C. Patil Advocate for Respondent No.1 : Mr. A.s.Usmanpurkar ...

CORAM : P.R. BORA, J.

Dated : April 01, 2016 PER COURT :- 1) Vide the present applications, the appellants / applicants are seeking permission to deposit the decreetal amount in the aforesaid First Appeals.

2) Shri R.C.Patil, learned counsel appearing for the appellants submits that previously, on an application for stay, submitted by the appellants / applicants, this Court had directed the appellants / applicants to deposit the entire decreetal amount and subject to that, stay was granted and the concerned Civil Applications were disposed of. Learned counsel further submits that, however, the appellants / applicants, could not deposit the amount within the

3661-16 ca given period. Learned counsel further submitted that thereafter, another Civil Application was filed seeking permission to deposit the part of the decreetal amount and the same was allowed and accordingly, the part of the decreetal amount was deposited by the appellant - applicant. At the relevant time, appellants / applicants were directed to deposit the remaining decreetal amount. Learned counsel submitted that, in pursuance of the said order, now the appellants / applicants intend to deposit the remaining decreetal amount within two weeks. He, has therefore, sought permission to deposit the said amount. 3) Learned counsel has further prayed that, in view of the fact that the appellants / applicants have are going to deposit the entire amount, the execution of the award may be stayed. 4) In view of the submissions, so made, the following order is passed:-

ORDER

a) The appellants / applicants are permitted to deposit the remaining decreetal amount within two weeks from the date of this order.

b) Subject to deposit of the entire decreetal amount, the execution of the Award passed in LAR Nos.376/98 and 377/98 dated 1.10.98 shall stand stayed till disposal of the present appeals.

5) The Civil Applications stand disposed of.

( P.R. BORA, J. ) SPR