The Ex. Engineer, Minor Irrigation Division, Jalgaon v. Kadu Kisan Patil (Died) Gayabai And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 - CA/6435/2019 IN CA/12594/2018 IN FA/523/2019 The Executive Engineer, Minor Irrigation Division, Jalgaon ... Applicant

Versus

Kadu Kisan Patil (Dead) Gayabai Kadu Patil and others ... Respondents WITH CA/6779/2019 IN CA/12610/2018 IN FA/526/2019 CA/6780/2019 IN CA/12596/2018 IN FA/524/2019 CA/6781/2019 IN CA/12622/2018 IN FA/636/2019 CA/6782/2019 IN CA/12620/2018 IN FA/525/2019 ....

Mr. S. S. Chillarge, Advocate for the Applicant. Ms. Pratibha B. Khanderao h/f Mr. Vinod Patil, respondent Nos. 1 and 2.

Mr. A. B. Chate, AGP for the State.

....

CORAM : P. R. BORA, J.

DATED : 21 st JUNE, 2019.

PER COURT:- 1.

These are the applications seeking modification in the order passed by this court on 10th October, 2018, whereby the execution of the impugned award is stayed subject to deposit of the entire amount under the said award and the interest accrued thereon. The learned counsel pointed out that in Companion

2 912-ca-6435-19+.doc appeals, this Court (Coram: K. K. Sonawane, J.) has granted stay on deposit of 75% of the amount of award with interest accrued thereon. The learned counsel in the circumstances prayed for passing similar order in the present matters and to modify the order passed by this court to that extent.

2.

The learned counsel appearing for the respondents does not have any objection for such modification.

3.

As such, the order passed by this court on 10th October, 2018 is modified as under :

O R D E R

(a) The execution of the award impugned in the present appeals shall stand stayed, subject to deposit of 75% of the award amount along with interest accrued thereon by the acquiring body within a period of six weeks from the date of this order.

(b) All civil applications stand disposed of.

[ P. R. BORA, J. ] SMS