Babasaheb Eknath Chadidar v. Ex. Engineer, Minor Irrigation Div. (Local Sector) Jalna And ORS

1 42-CA-8246-18-sv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8246 OF 2018 IN FAST/31684/2017 ANANDA SAYAJI CHADIDAR

VERSUS

EX. ENGINEER, MINOR IRRIGATION DIV. (LOCAL SECTOR) JALNA AND ORS ...

Advocate for Applicants : Mr. Kumar Gaurav M. More. AGP for Respondents No.1 to 3 : Mr. P. G. Borade. ...

WITH CA/8247/2018 IN FAST/31687/2017 WITH CA/8248/2018 IN FAST/31702/2017 WITH CA/8249/2018 IN FAST/31714/2017 WITH CA/8251/2018 IN FAST/31720/2017 WITH CA/8252/2018 IN FAST/31705/2017 WITH CA/8254/2018 IN FAST/31708/2017 WITH CA/8255/2018 IN FAST/31696/2017 WITH CA/8257/2018 IN FAST/31723/2017 WITH CA/8259/2018 IN FAST/31717/2017 WITH CA/8260/2018 IN FAST/31693/2017 WITH CA/8261/2018 IN FAST/31711/2017 WITH CA/8262/2018 IN FAST/31690/2017 WITH CA/8263/2018 IN FAST/31699/2017 WITH CA/8264/2018 IN FAST/28204/2017 WITH CA/8265/2018 IN FAST/28209/2017 WITH CA/8266/2018 IN FAST/28218/2017 WITH CA/8267/2018 IN FAST/28227/2017 WITH CA/8268/2018 IN FAST/28190/2017 WITH CA/8269/2018 IN FAST/28187/2017 WITH CA/8272/2018 IN FAST/28183/2017 WITH CA/8273/2018 IN FAST/28200/2017 WITH CA/8274/2018 IN FAST/28195/2017 WITH CA/8275/2018 IN FAST/28212/2017 WITH CA/8276/2018 IN FAST/28222/2017 ...

CORAM : K.K. SONAWANE, J.

DATED : 2nd JULY, 2018.

Order :- 1.

Heard learned counsel for appearing parties. Perused the applications and relevant documents.

2 42-CA-8246-18-sv 2.

This Court (Coram: K. L. Wadne, J.) under Order dated 10th October, 2017, directed the appellants - State to deposit the entire decreetal amount with accrued interest within a period of twelve weeks from the date of order. But, there was no response received from the appellant State of Maharashtra. Therefore, applicants - original claimants moved present applications for vacating stay and to execute the Award for recovery of decreetal amount. Admittedly, there is no compliance of conditional order passed by this Court on the part of the appellant - State of Maharashtra. In such circumstances, the order dated 10th October, 2017 is not in existence and died out. Therefore, there is no impediment to allow the applicants - original claimants to execute the award for recovery of decreetal amount. Hence, applications deserve to be allowed.

3.

Accordingly, applications stand allowed in terms of prayer clause "B". The conditional order granting stay has already been died out, therefore, claimants are at liberty to execute the award for recovery of decreetal amount. Accordingly, applications stand disposed of. No order as to cost.

Sd/- [ K. K. SONAWANE ] JUDGE MTK.