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Bombay High CourtCA/8840/2021disposed off

The Ex. Engineer, Osmanabad Medium Project Div. Osmanabad And ANR v. Laxman Bapu Kadam (Died) Thr Lrs Satyabhama And ORS

2021-10-06Hon'Ble Shri Justice R. G. Avachat2 pages

C.A. No.8840/2021 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8840 of 2021 IN CIVIL APPLICATION NO.7954 of 2020 IN FIRST APPEAL ST. NO.21388 OF 2020 The Executive Engineer, (Medium Project) Division, Osmanabad & anr.

... APPLICANTS

VERSUS

Laxman Bapu Kadam, Died his L.Rs.

Smt. Satyabhama Laxman Kadam & ors. ... RESPONDENTS .......

Mrs. Sunita D. Shelke, Advocate for applicants Mr. P.M. Kulkarni, A.G.P. for State Mr. V.B. Deshmukh, Advocate for respondents .......

CORAM :

R. G. AVACHAT, J.

DATE :

6th OCTOBER, 2021 PER COURT :

Not on board. Mentioned. Upon mentioning, taken on board.

2.

This application has been filed for modification of order dated 3rd December 2020.

3.

Heard learned counsel for the applicants. Learned

C.A. No.8840/2021 :: 2 ::

counsel for the respondents - claimants has no objection. 4.

In view of the above, the condition imposed for granting ad-interim relief vide order dated 3rd December 2020 is modified as follows :

"On depositing 70% of the amount under the impugned award within a period of ten weeks, execution thereof to stand stayed pending the appeal. In case the amount is not deposited within stipulated period, interim relief shall stand vacated without further reference to the Court.

5.

Civil Application stands disposed of accordingly. ( R. G. AVACHAT ) JUDGE fmp/-