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Bombay High CourtCA/11530/2017disposed offdismissed for default

Executive Engineer, Latur Minor Irrigation Div. Latur G.M.I.D.C Aurangabad And ANR v. Narsing Arjun Kawale (Died) Thr His Lrs Rukmaji (Died) Thr Lrs Tulsabai And ORS

2017-09-08Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

(1) CA No. 11530/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 11530 OF 2017 IN FIRST APPEAL STAMP NO. 26442 OF 2017.

WITH CA NO. 11529/2017 IN F.A. (ST.) NO.26442/2017 WITH CA NO. 11531/2017 IN F.A. (ST.) NO.26526/2017 WITH CA No. 11532/2017 IN F.A. (ST.) NO.26526/2017 WITH CA NO. 11534/2017 IN F.A. (ST.) NO.26532/2017 WITH CA NO. 11535/2017 IN F.A. (ST.) NO.26532/2017 WITH CA NO. 11536/2017 IN F.A. (ST.) NO.26529/2017 WITH CA NO. 11538/2017 IN F.A. (ST.) NO.26529/2017 Executive Engineer, Latur Minor Irrigation Division, Latur & anr.

Applicants.

Versus

Narsing Arjun Kawale (Died) Through LRs. & others Respondents.

*** Mr. B.R. Survase, Advocate for the applicants. Mr. G.K. Sontakke, Advocate for the respondents. *** CORAM : R.D. DHANUKA & SUNIL K. KOTWAL, JJ.

Dated : 08-09-2017.

PER COURT :- 1.

Rule. Learned Counsel for the respondents waives service. Returnable forthwith.

2.

Heard learned Counsel appearing for the parties.

(2) CA No. 11530/2017 3.

Civil Application No. 11530 of 2017 is made absolute in terms of prayer clause (B) on the condition that the applicant-Acquiring Body deposits the entire amount, as awarded, in this Court within 12 weeks from today and shall intimate about such deposit to the learned Advocate for the respondents. It is made clear that if the amount as directed is not deposited by the applicant-acquiring body within the time prescribed, the stay granted by this Court shall stand vacated without any further reference to the Court.

4.

The respondents would be at liberty to file a separate Civil Application for withdrawal of the amount, if deposited by the applicant-acquiring body. Prayer for withdrawal, if any, in that Civil Application would be considered on its own merits. 5.

It is not in dispute that the applicant herein has filed First Appeal restricted to the payment of interest only.

6.

Civil Application is disposed of in aforesaid terms. No order as to costs.

( SUNIL K. KOTWAL) ( R.D. DHANUKA) JUDGE JUDGE vdd/