Damayanti Dattatray Kawade v. The Ex. Engineer, Irrigation Department Osmanabad And ORS

2024:BHC-AUG:7656 39-CA-9191-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9191 OF 2023 IN FAST/25020/2021 DAMAYANTI DATTATRAY KAWADE

VERSUS

THE EX. ENGINEER, IRRIGATION DEPARTMENT OSMANABAD AND ORS ...

Advocate for Applicant : Mr. Laxmikant C. Patil Advocate for Respondent No.1 : Mr. Umakant P. Giri Advocate for Respondents No.2 and 3 : Mr. P. D. Patil ...

CORAM : S. G. MEHARE, J.

DATE : 05-04-2024 PER COURT :- 1.

The appeal preferred by respondent No.1/appellant is dismissed for default. So, the order granting stay is not in existence. In the circumstances, the Court is of the view that the appellant is the master of his money deposited with this Court. Since, the appeal has been dismissed for default, the money which was deposited conditionally should not be ordered to be paid to the respondent/claimant.

2.

The respondent/claimant has a legal remedy to recover money by way of filing execution. Hence, the application stands dismissed.

( S. G. MEHARE ) JUDGE rrd