The Gmidc Aurangabad Thr The Executive Engineer, Minor Irrigation Division, Osmanabad And ORS v. Kisan Santram Jadhav Dead Thr His Lrs Chandrakant Kisan Jadhav

1 932-CA-15021-17-stay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15021 OF 2017 IN FAST/18551/2016 THE GMIDC AURANGABAD THR THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD.

VERSUS

VITHAL KISAN NIKAM ...

Advocate for Applicant No.1 : Mr. P. R. Tandale. AGP for Applicants No. 2, 3 : Mr. S. R. Yadav-Lonikar. Advocate for Respondent/s : Mr. M. R. Pawade h/f. Mr. L. C. Patil. ...

WITH CA/9642/2016 IN FAST/18638/2016 WITH CA/9645/2016 IN FAST/18634/2016 WITH CA/9647/2016 IN FAST/18630/2016 WITH CA/9650/2016 IN FAST/18626/2016 WITH CA/9653/2016 IN FAST/18622/2016 WITH CA/9656/2016 IN FAST/18618/2016 WITH CA/9659/2016 IN FAST/18614/2016 WITH CA/9662/2016 IN FAST/18610/2016 ...

THE GMIDC AURANGABAD THR THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD.

VERSUS

VITHAL KISAN NIKAM ...

Advocate for Applicant No.1 : Mr. P. R. Tandale. AGP for Applicants No. 2, 3 : Mr. S. R. Yadav-Lonikar. Advocate for Respondent/s : Mr. M. R. Pawade h/f. Mr. L. C. Patil. ...

CORAM : K.K. SONAWANE, J.

DATED : 15TH DECEMBER, 2017.

Order :- Heard learned counsel for applicant- Acquiring Body and learned counsel for respondent.

2.

Perused the application. Learned counsel for applicantAcquiring Body submits that the stay may be granted to the execution and implementation of the Award passed by the learned Reference Court.

2.

Considering the nature of subject matter and reasons mentioned in the application, I do not find any impediment to allow the applications by imposing certain terms and conditions. Hence,

2 932-CA-15021-17-stay application for stay stand allowed in terms of prayer clause 'B'. The execution and operation of the impugned Judgment and Award passed by the learned Reference Court is hereby stayed, subject to condition that the applicant- Acquiring Body shall deposit the entire decreetal amount alongwith interest accrued thereon as awarded by the learned Reference Court within twelve (12) weeks from the date of this Order in this Court, failure to which, the stay granted to the impugned Judgment and Award in favour of applicant- Acquiring Body referred above shall stand vacated automatically without further reference to this Court.

3.

Accordingly, the civil applications for stay stand disposed of in above terms.

[ K. K. SONAWANE ] JUDGE rrd.