The Ex. Engineer, Minor Irrigation Division, Osmanabad And ORS v. Dharmaraj Namdev Lomte

1 938-CA-371-19,939

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO. 371 OF 2019 IN FIRST APPEAL NO. 3019 OF 2019 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS

VERSUS

DHARMARAJ NAMDEV LOMTE ...

939 CIVIL APPLICATION NO. 369 OF 2019 IN FIRST APPEAL NO. 3028 OF 2019 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS

VERSUS

SITARAM EKNATH GHOGRE ...

...

Advocate for Applicants : Mr. Amol Shinde h/f Mr. Sunil V. Kurundkar Advocate for Respondent-s claimants : Mr. Vivek V. Tarde ...

CORAM : K.K. SONAWANE, J.

DATED : 9th JANUARY, 2020.

ORDER :- 1.

This Court under order dated 30-08-2019 granted stay in favour of applicants-Acquiring Body subject to deposit of entire decreetal amount on or before 19-12-2019. Unfortunately, the applicantAcquiring Body did not take precaution to deposit the amount as directed by this Court under order dated 30-08-2019, within stipulated period in this Court, nor any progress is shown about the same. 2.

In such circumstances and in view of lackadaisical attitude on the part of applicants-Acquiring Body, there is no propriety to keep alive the present applications seeking stay and continuing the said relief further, when this Court has specifically clarified that dead line will not

2 938-CA-371-19,939 be extended on any count and if the amount is not deposited on or before that, it shall be treated that there is no stay. 3.

In these circumstances, the aforesaid civil applications filed by applicants for stay stands dismissed. No order as to costs. Inform the learned Reference Court/Executing Court accordingly so as to enable it to proceed further for execution of Award, in the Execution Proceeding, if any, pending before it at the instance of original claimants. [ K. K. SONAWANE ] JUDGE MTK