Bombay High CourtFA/5225/2017disposed offdismissed for default

The Executive Engineer, Krishna Khore Division, O.Bad v. Sudhakar Bhagwan Kulkarni And Another

2017-07-25Hon'Ble Shri Justice P.R. Bora3 pages

(1) 918 FIRST APPEAL STAMP NO/13700/2016 WITH FAST/13697/2016 WITH FAST/13694/2016 WITH FAST/13691/2016 WITH FAST/13709/2016 WITH FAST/13703/2016 WITH FAST/13706/2016 WITH FAST/13724/2016 WITH FAST/13673/2016 WITH FAST/13718/2016 WITH FAST/13685/2016 WITH FAST/13664/2016 WITH FAST/13676/2016 WITH FAST/13682/2016 THE EXECUTIVE ENGINEER, KRISHNA KHORE DIVISION, O.BAD

VERSUS

MINAKSHI PANDIT KULKARNI AND ANOTHER ...

Advocate for Applicant :Mr. Patil Ruturaj C.

AGP for Respondent State: Mr.R.B.Bagul Mr. Shinde Chandrakant K., Adv., for respective respondents. ...

CORAM : P.R. BORA, J.

Dated: July 25, 2017

(2) PER COURT :- 1.

Issue notice to the respondents. Learned Counsel Shri C.K.Shinde waives service for the respondents in all these matters. With consent of the learned Counsel, the matter is taken up for final disposal.

Shri C.K.Shinde, learned Counsel appearing for the respondents i.e. original claimants, in all these matters, at the outset, informed the Court that the respective claimants had already preferred execution proceedings before the Reference Court for execution of the awards which are impugned in the present appeals. Learned Counsel further submitted that in the Lok Adalat held on 8th of July, 2017, a settlement has been arrived at in the aforesaid execution proceedings and all the execution proceedings have been amicably settled. Learned Counsel has tendered across the Bar copy of the terms of the compromise and the order passed by the Lok Adalat along with the list of matters which are settled before the Lok Adalat.

Learned Counsel submitted that the original claimants have agreed to accept the amount which would be deposited by the acquiring body within one week before the executing Court by way of full and final settlement and the acquiring body has also agreed to withdraw the appeals filed by them in this Court. The document placed on record by Shri C.K.Shinde, learned Counsel, is taken on record and is marked as Exh.A.

(3) 3.

In view of the fact that the execution proceedings arising out of the awards passed in Land Acquisition References, which are impugned in the present appeals, are settled in the Lok Adalat, nothing remains to be considered in the present appeals. All these appeals, therefore, stand disposed of without any order as to the costs.

( P.R. BORA, J. ) ...