The Executive Engineer Minor Irrigation Division Jalgaon And ANR v. Shantabaitukaram Shelke (Died) Thr. Lrs. Yashodabai And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4222 OF 2020 IN FIRST APPEAL NO. 221 OF 2020 The Executive Engineer Minor Irrigation Division, Jalgaon & another Applicants

Versus

Shantabai Tukaram Shelke (Died) Respondents Mr. A.D. Pawar, Advocate for applicants.

Mrs. D.S. Jape, and Mr. S.R. Yadav Lonikar, AGPs for respondentState Mr. Vinod Patil, Advocate for respondents-claimants in all civil applications except Civil Application No. 13516 of 2019. WITH CIVIL APPLICATION NO. 4223 OF 2020 IN FIRST APPEAL NO. 259 OF 2020 WITH CIVIL APPLICATION NO. 4224 OF 2020 IN FIRST APPEAL NO. 256 OF 2020 WITH CIVIL APPLICATION NO. 4225 OF 2020 IN FIRST APPEAL NO. 260 OF 2020 WITH CIVIL APPLICATION NO. 4226 OF 2020 IN FIRST APPEAL N O. 258 OF 2020 WITH CIVIL APPLICATION NO. 4227 OF 2020 IN FIRST APPEAL NO. 263 OF 2020 WITH CIVIL APPLICATION NO. 4228 OF 2020 IN FIRST APPEAL NO. 266 OF 2020 WITH CIVIL APPLICATION NO. 4229 OF 2020 IN FIRST APPEAL NO. 262 OF 2020 WITH CIVIL APPLICATION NO. 4230 OF 2020 IN FIRST APPEAL N O. 257 OF 2020 WITH CIVIL APPLICATION NO. 4231 OF 2020 IN FIRST APPEAL NO. 264 OF 2020 WITH CIVIL APPLICATION NO. 4232 OF 2020 IN FIRST APPEAL NO. 265 OF 2020 WITH CIVIL APPLICATION NO. 4233 OF 2020 IN FIRST APPEAL NO. 267 OF 2020 WITH

- 2 - CIVIL APPLICATION NO. 4234 OF 2020 IN FIRST APPEAL NO. 261 OF 2020 WITH CIVIL APPLICATION NO. 4235 OF 2020 IN FIRST APPEAL NO. 1065 OF 2020 CIVIL APPLICATION NO. 4236 OF 2020 IN FIRST APPEAL NO. 1071 OF 2020 WITH CIVIL APPLICATION NO. 4240 OF 2020 IN FIRST APPEAL ST. 35039 OF 2019 WITH CIVIL APPLICATION NO. 4238 OF 2020 IN FIRST APPEAL ST. NO. 35029 OF 2019 WITH CIVIL APPLICATION NO. 4239 OF 2020 IN FIRST APPEAL ST. NO. 35035 OF 2019 WITH CIVIL APPLICATION NO. 4237 OF 2020 IN FIRST APPEAL ST. NO. 35025 OF 2019.

CORAM : M.G. Sewlikar, J.

DATE : 3rd July, 2020.

PER COURT :

1.

Heard Mr. A.D. Pawar, learned counsel for the acquiring body and Mr. Vinod Patil, learned counsel for claimants in all the matter except in Civil Application No. 13516 of 2019. Mr. Pawar makes a statement that all the respondents have been served including respondents in Civil Application No. 13516 of 2019. Mr. Vinod Patil states that he has not fled vakalatnama for any of the claimants. He undertakes to fle vakalatnama for all those claimants for whom he is appearing.

2.

Learned counsel Mr. Pawar states that the award was

- 3 - stayed subject to the depositing of 75% of the amount awarded within a stipulated period by the acquiring body. However, due to lockdown, the acquiring body could not deposit the amount. Today, the acquiring body is depositing 25% of the directed amount. He seeks time for depositing the remaining amount. Learned counsel Mr. Patil has no objection for the same only on condition that the remaining amount should be deposited immediately.

3.

The acquiring body is permitted to deposit 25% of the directed amount in all these matters and stay is extended till next date.

4.

Learned counsel Mr. Pawar states that Civil Application Nos. 4237/2020, 4238/2020, 4239/2020 and 4240/2020 are not on board though he has circulated the same. Offce to take those matters on board. The acquiring body is permitted to deposit 25% of the directed amount in those matters also.

5.

Learned counsel Mr. Pawar states that in earlier matters, time of twelve weeks is granted for depositing remaining amount. Stand over for 12 weeks for depositing the remaining amount.

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Civil applications stand disposed of in above terms. ( M. G. SEWLIKAR ) Judge dyb