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Bombay High CourtCA/79/2019disposed offdismissed for default

The G.M.I.D.C., Thr The Ex. Engineer, Minor Irrigation Div. Now Lift Irri. Div. Osmanabad And ORS v. Ramkrishan Babarao Gawali

2020-01-09Hon'Ble Shri Justice K. K. Sonawane2 pages

1 926-CA-79-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 79 OF 2019 IN FAST/10564/2018 THE G.M.I.D.C., THR THE EX. ENGINEER, MINOR IRRIGATION DIV. NOW LIFT IRRI. DIV. OSMANABAD

VERSUS

RAMKRISHAN BABARAO GAWALI ...

Advocate for Applicant : Mr. Anil M. Gaikwad AGP for Respondent-claimant : Mr. S.S.Adawale ...

CIVIL APPLICATION NO. 77 OF 2019 IN FAST/12455/2018 THE G.M.I.D.C., THR THE EX. ENGINEER, MINOR IRRIGATION DIV. NOW LIFT IRRI. DIV. OSMANABAD

VERSUS

RAOSAHEB SAMBHAJI KEDAR ...

Advocate for Applicant : Mr. Anil M. Gaikwad AGP for Respondent-claimant : Mr. S.S. Adawale ...

CIVIL APPLICATION NO. 81 OF 2019 IN FAST/12460/2018 THE G.M.I.D.C., THR THE EX. ENGINEER, MINOR IRRIGATION DIV. NOW LIFT IRRI. DIV. OSMANABAD

VERSUS

UDDHAV BABARAO GAWALI ...

Advocate for Applicant : Mr. Anil M. Gaikwad AGP for Respondent-claimant : Mr. V.V. Ingle ...

CORAM : K.K. SONAWANE, J.

DATED : 9th JANUARY, 2020.

ORDER :- 1.

This Court under order dated 15-07-2019 granted stay in favour of applicants-Acquiring Body/State Authorities subject to deposit of entire decreetal amount on or before 16-12-2019. Unfortunately, the applicants-Acquiring Body/State Authorities did not take precaution to

2 926-CA-79-19 deposit the amount as directed by this Court under order dated 15-072019, within stipulated period in this Court, nor any progress is shown about the same.

2.

In such circumstances and in view of lackadaisical attitude on the part of applicants-Acquiring Body/State Authorities, there is no propriety to keep alive the present applications seeking stay and continuing the said relief further, when this Court has specifically clarified that dead line will not be extended on any count and if the amount is not deposited on or before that, it shall be treated that there is no stay.

3.

In these circumstances, the aforesaid civil applications filed by applicants for stay stands dismissed. No order as to costs. Inform the learned Reference Court/Executing Court accordingly so as to enable it to proceed further for execution of Award, in the Execution Proceeding, if any, pending before it at the instance of original claimants. [ K. K. SONAWANE ] JUDGE MTK