The Ex. Engineer, Irrigation Project, Strengthening Div. Omerga And ORS v. Dnayanoba@Dnayandev Balbhim Jatkar

1054 ca7861.17 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1054 CIVIL APPLICATION NO. 7861 OF 2017 IN FAST/14377/2017 WITH CA/7862/2017 IN FAST/14377/2017 WITH CA/7863/2017 IN FAST/14737/2017 WITH CA/7864/2017 IN FAST/14737/2017 WITH CA/7865/2017 IN FAST/14740/2017 WITH CA/7866/2017 IN FAST/14740/2017 WITH CA/7867/2017 IN FAST/14734/2017 WITH CA/7868/2017 IN FAST/14734/2017 THE EX. ENGINEER, IRRIGATIN PROJECT, STRENGTHENING DIV. OMERGA AND ORS

VERSUS

DNAYANOBA@DNAYANDEV BALBHI JATKAR ...

Advocate for Applicants : Mr. Badakh Vishal S. Advocate for respondents-claimants: Mr. L.C. Patil .....

CORAM : V. K. JADHAV, J.

DATED : 23rd JUNE, 2017 PER COURT:- 1.

Heard. Learned counsel for the applicant submits that in the matters arise out of the same acquisition proceedings, this court has condoned the delay and admitted the matters. Learned counsel for the respondents original claimants has also not disputed this position. 2.

In view of above and for the reasons stated in the civil applications, delay of 1039 days delay caused in filing the first appeals is hereby condoned. Civil applications are allowed and disposed of. 3.

In so far as stay application is concerned, pending, the hearing and final disposal of first appeal, the execution, implementation and operation of the impugned judgment and award under appeal is hereby stayed on the condition that the applicant shall deposit entire amount under award with

1054 ca7861.17 -2accrued interest thereon, in this Court, within a period of 12 (twelve) weeks from today, failing which the order granting stay shall stand vacated automatically without further reference to the Court. Civil applications for stay are accordingly disposed of.

4.

In first appeal, notice to the respondents, returnable on 08.08.2017. Learned counsel waives notice for respondents-claimants. Call for record and proceedings.

( V. K. JADHAV, J.) rlj/