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Bombay High CourtCA/7563/2016disposed offdismissed for default

The State Of Maharashtra And ANR v. Kaduba Mhatarji Narwade Deceased Thr Lrs Nandubai Kaduba Narwade And ORS

2017-09-26Hon'Ble Shri Justice K. K. Sonawane2 pages

922-CA-7563-2016-S.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 7563 2016 IN FAST/9695/2016 WITH CA/7565/2016 IN FAST/9745/2016 THE STATE OF MAHARASHTRA AND ANR

VERSUS

KADUBA MHATARJI NARWADE DECEASED THR LRS NANDUBAI KADUBA NARWADE AND ORS ....

Mr. K.D.Munde, AGP for Applicants-State.

Mr. M.B. Sandanshiv and Mr. S.H. Wagh Advocate for Respondent Nos. 1-A to 1-E.

....

CORAM : K.K. SONAWANE, J.

DATE : 26th September, 2017 ORDER:

1.

Heard the learned counsel for the applicants/appellants and the learned counsel for the respondent/s-original claimant/s.

Perused the application.

2.

In view of the nature of subject-matter, the execution and implementation of the impugned Judgment and Award passed by the learned 6th Joint Civil Judge, Senior Division, Aurangabad is hereby stayed, subject to condition that the applicant/appellant shall deposit the entire decretal amount alongwith interest accrued thereon in this Court within a period of 12 weeks from today, failure to which, the stay granted to the impugned Judgment and Award shall stands vacated

922-CA-7563-2016-S.odt (2) automatically without further reference to this Court. Moreover, the liberty is also granted to the respondent-original claimant to take recourse of law for execution of the award against the applicant/Acquiring Body, after failure of appellant to deposit the amount within stipulated period.

3.

Accordingly, the application for stay stand disposed of.

(K.K. SONAWANE, J.) Sam..