The Ex. Engineer, Minor Irrigation Division, Osmanabad And ORS v. Narsing Shrirang Bhosle

1 929-CA-7256-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7256 OF 2019 IN FIRST APPEAL STAMP NO. 17704 OF 2019 The Executive Engineer, Minor Irrigation Division, Osmanabad and others ...Applicants

Versus

Narsing S/o Shrirang Bhosle

...Respondent

Mr R.C. Patil, Advocate for Applicant No. 1 Mr G.O. Wattamwar, A.G.P. for Applicant Nos. 2 and 3 - State Mr S.B. Choudhari, Advocate for Respondent sole CORAM : SHRIKANT D. KULKARNI, J.

DATE : 1st JULY, 2021 PER COURT :

1.

It is an application for stay moved by the applicants. 2.

Heard Mr R.C. Patil, learned counsel appearing for acquiring body/applicant No.1, Mr Wattamwar, learned A.G.P. for applicant Nos. 2 and 3/State and Mr S.B. Choudhari, learned counsel for respondent/ original claimant.

3.

Perused the earlier order passed by this Court on 26th July, 2019.

4.

This Court was pleased to grant conditional stay in terms of prayer clause (A) subject to depositing the entire decretal amount in this court on or before 2nd January, 2020.

2 929-CA-7256-2019 5.

Mr Patil, learned counsel appearing for the acquiring body submits that the acquiring body has deposited entire decretal amount on 3rd March, 2021 in this court. This position is not disputed by the opposite side.

6.

Certainly, the conditional order passed by this court needs to be confirmed. Hence, I proceed to pass the following order :-

ORDER

(i) The application for stay is hereby allowed.

(ii) The interim stay granted by this court vide order dated 26th July, 2019 in terms of prayer clause (A) is hereby made absolute.

(iii) Inform to the reference court accordingly.

[ SHRIKANT D. KULKARNI, J. ] mta