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Bombay High CourtCA/10465/2016disposed offdismissed for default

The Executive Engineer, Minor Irrigation Department, Osmanabad And ORS v. Bhagwan Babarao Kadam Died His Lrs Gorakh Bhagwan Kadam

2018-08-30Hon'Ble Shri Justice P.R. Bora2 pages

1 10439.2016CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

907 CIVIL APPLICATION NO.10439/2016 IN FAST/19428/2016 WITH CA/10441/2016 IN FAST/19676/2016 WITH CA/10442/2016 IN FAST/19646/2016 WITH CA/10445/2016 IN FAST/19649/2016 WITH CA/10447/2016 IN FAST/19655/2016 WITH CA/10451/2016 IN FAST/19671/2016 WITH CA/10453/2016 IN FAST/19621/2016 WITH CA/10457/2016 IN FAST/19637/2016 WITH CA/10459/2016 IN FAST/19640/2016 WITH CA/10461/2016 IN FAST/19686/2016 WITH CA/10465/2016 IN FAST/19606/2016 WITH CA/10467/2016 IN FAST/19611/2016 WITH CA/10469/2016 IN FAST/19617/2016 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT, OSMANABAD AND ORS ..Applicants

VERSUS

NIVRUTTI DAJI KADAM DIED HIS LRS UDDHAV NIVRUTTI KADAM AND ORS ..Respondents ...

Advocate for Applicants : Shri Ruturaj Patil; Advocate for Respondents No.1 to 4 : Shri S.A. Wakure. CORAM : P.R. BORA, J.

Dated: August 30, 2018 PER COURT :

1.

Learned Counsel Shri Ruturaj Patil appearing for the Acquiring Body submitted that, vide order passed on 29.07.2016 a conditional order was passed by this Court staying the execution of the Award impugned in the present appeals subject to deposit of the entire amount under each of the impugned

2 10439.2016CA.doc Award along with the interest accrued thereon by the appellants/ Acquiring Body within the period of 12 weeks from the date of the said order. Learned Counsel submitted that, the Acquiring Body, however, could not deposit the amount within the given period. It is further contended that, now the amount is received and the same will be deposited in this Court within next two weeks. In the circumstances, the learned Counsel has prayed for extension of time to deposit the amount and to continue the effect of order passed by this Court on 29.07.2016. The learned Counsel for the claimants does not have any objection for passing such order. Hence, the following order.

ORDER

(i) Acquiring Body shall deposit the amount of compensation along with the interest accrued thereon as directed by this Court vide order passed on 29.07.2016 within next two weeks. In view of the undertaking so given, interim order passed on 29.07.2016 is made absolute. Civil Applications for stay stand disposed of.

(P.R. BORA, J.) ggp