The Executive Engineer, Latur Minor Irrigation Divison, Latur v. Manohar Gyandeo Dhotre And ANR

1 936CA4365.2020&Ors.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.4365 OF 2020 CIVIL APPLICATION NO. 2741 OF 2019 FIRST APPEAL NO. 746 OF 2019 M.I. Division, Latur.

Laxman Gyandeo Dhotre & Anr.

Shri. M. S. Patil, Advocate for respondent no. 1 Shri. S. N. Kendre, AGP for respondent no.2/State CIVIL APPLICATION NO.4366 OF 2020 CIVIL APPLICATION NO. 2744 OF 2019 FIRST APPEAL NO. 747 OF 2019 M.I. Division, Latur.

Ram Gyandeo Dhotre & Anr.

Shri. M. S. Patil, Advocate for respondent no. 1 Shri. S. N. Kendre, AGP for respondent no.2/State

2 936CA4365.2020&Ors.doc CIVIL APPLICATION NO.4367 OF 2020 CIVIL APPLICATION NO. 2746 OF 2019 FIRST APPEAL NO. 748 OF 2019 M.I. Division, Latur.

Manohar Gyandeo Dhotre & Anr.

Shri. M. S. Patil, Advocate for respondent no. 1 Shri. S. N. Kendre, AGP for respondent no.2/State 937 CIVIL APPLICATION NO.4369 OF 2020 CIVIL APPLICATION NO. 3043 OF 2019 FIRST APPEAL NO. 740 OF 2019 M.I. Division, Latur.

Balaprasad Ganeshlal Sarda & Ors.

Shri. G. N. Kulkarni, Advocate for respondents no. 1 to 3 Mrs. D. S. Jape, AGP for respondent no.4/State 942 CIVIL APPLICATION NO.4379 OF 2020 CIVIL APPLICATION NO. 13156 OF 2019 FIRST APPEAL NO. 219 OF 2020

3 936CA4365.2020&Ors.doc M.I. Division, Osmanabad.

....

Applicant Kavita w/o Bhagwan Ghalke & Ors.

Shri. L. C. Patil, Advocate for respondent no. 1 Mrs. D. S. Jape, AGP for respondents no.2&3/State 943 CIVIL APPLICATION NO.4381 OF 2020 CIVIL APPLICATION NO. 13154 OF 2019 FIRST APPEAL NO. 218 OF 2020 M.I. Division, Osmanabad.

Advaitya Bhagwan Ghalke & Ors.

Shri. L. C. Patil, Advocate for respondent no. 1 Shri. K. S. Patil, AGP for respondents/State CORAM : B. U. DEBADWAR, J.

DATE : 9th July, 2020 ORDER :

.

Heard Shri. Ram B. Deshpande, learned counsel for the applicant.

2.

Shri. Ram B. Deshpande, learned counsel for the applicant submits that, vide orders dated 22nd February, 2019

4 936CA4365.2020&Ors.doc and 15th November, 2019, execution and implementation of impugned Awards was stayed subject to condition of applicants depositing the entire amount of the award with interest accrued thereon in this court within a period of eight to twelve weeks from the date of such order. In spite of taking every efforts, applicant/acquiring body could not get sanctioned the amount covered by impugned award and deposit the same in this Court within a stipulated time as directed in aforesaid orders. Now the cheque of the amount covered by impugned award is ready. The delay in arranging the amount is neither deliberate nor due to negligence but due to unavoidable circumstances. 3.

In view of the submissions made at bar, time granted for depositing the amount covered by impugned award with interest as directed vide aforesaid orders is extended and applicants are permitted to deposit the cheque of the said amount with the office within a period of one week from today, without prejudice to the rights of the other side. Office to accept the cheque.

4.

Civil applications are accordingly disposed of. [ B.U. DEBADWAR ] JUDGE SG Punde