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Bombay High CourtCA/8323/2021disposed off

The Ex. Engineer, Irrigation Depart. Strengthening Div. Omerga Thr K.M.C.D. No. 1 Osmanabad And ORS v. Hanumant Gulab Maradkar

2022-03-11Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 921-8328-2021ca

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8328 OF 2021 IN 921 FIRST APPEAL NO. 87 OF 2022 THE EX. ENGINEER, IRRIGATION DEPTT.STRENGTHENING DIV. OMERGA THR. K.M.C.D. NO.1 AND ORS.

VERSUS

NARAYAN BHIVA GATE WITH CIVIL APPLICATION NO. 8333 OF 2021 IN FIRST APPEAL NO.85 OF 2022 THE EX. ENGINEER, IRRIGATION DEPTT.STRENGTHENING DIV. OMERGA THR. K.M.C.D. NO.1 AND ORS.

VERSUS

PRABHAKAR BABU GATE (DIED) THR LRS BALASAHEB AND ANR. WITH CIVIL APPLICATION NO.8337 OF 2021 IN FIRST APPEAL NO.86 OF 2022 THE EX. ENGINEER, IRRIGATION DEPTT.STRENGTHENING DIV. OMERGA THR. K.M.C.D. NO.1 AND ORS.

VERSUS

VILAS PANDHARI SALUNKE WITH CIVIL APPLICATION NO.8323 OF 2021 IN FIRST APPEAL NO.84 OF 2022 THE EX. ENGINEER, IRRIGATION DEPTT.STRENGTHENING DIV. OMERGA THR. K.M.C.D. NO.1 AND ORS.

VERSUS

HANUMANT GULAB MARADKAR WITH CIVIL APPLICATION NO.8335 OF 2021 IN FIRST APPEAL NO. 88 OF 2022 THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND ORS SURESH UDDHAV MATE AND ANR Mr R.C. Patil, Advocate for appellant/acquiring body Mr L.C. Patil, Advocate for respondents no.1 and 2 in respective matters

2 921-8328-2021ca CORAM : SHRIKANT D. KULKARNI, J.

DATE : 11th March, 2022 PER COURT :

1.

These are the Civil Applications for stay.

2.

Heard learned Counsel for the parties.

3.

The appellants have deposited the amount of compensation in this Court though not exactly of same percentage and there little shortfall. However, substantial order of stay has been complied with by the acquiring body. As such, the interim stay granted by this Court needs to be confirmed.

ORDER

(i) The Civil Applications for stay are hereby allowed. (ii) The interim stay granted by this Court is hereby made absolute. (iii) Inform the concerned reference Court/executing Court accordingly. (iv) The Civil Applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) vvr