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Bombay High CourtCA/11206/2023admittedallowedgrantedrule absolute

The Ex. Engineer, Minor Irrigation Work M.I. Div. No. 1 Aurangabad Thr G.M.I.D.C., Aurangabad v. Uttam Kisan Wanjare And ANR

2025-05-08Hon'Ble Shri Justice Prafulla S. Khubalkar3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO. 5448 OF 2025 IN FAST/26129/2023 THE GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION THROUGH THE EXECUTIVE ENGINEER MINOR IRR

VERSUS

UTTAM KISAN WANJARE AND ANOTHER WITH CIVIL APPLICATION NO. 11206 OF 2023 IN FAST/26129/2023 THE EX. ENGINEER, MINOR IRRIGATION WORK M.I. DIV. NO. 1 AURANGABAD THR G.M.I.D.C., AURANGABAD

VERSUS

UTTAM KISAN WANJARE AND ANOTHER Mr.R.B.Singare, Advocate for the applicant.

Mr.N.J.Pahune Patil, Advocate for respondent No.1. Ms.M.L.Sangit, AGP for respondent No.2.

( CORAM : PRAFULLA S. KHUBALKAR, J. ) DATE : MAY 8, 2025 PER COURT :

1.

Civil Application No.5448/2025 is filed by the applicant / Acquiring Body for permission to deposit the amount of costs with the library of Advocates' Association in accordance with the order dated 26.09.2023. It is submitted that the amount of costs of Rs.1000/-

- 2 - could not be deposited within the time granted by this Court and even the cheque of decreetal amount was also not deposited. It is stated that the compliance was not made earlier on account of procedural difficulties in obtaining sanction and release of the amounts to be deposited. It is stated that now the cheque of decreetal amount is ready and it can be deposited within one (1) week. 2.

Civil Application No.5448/2025 is allowed. Appellant is permitted to deposit costs of Rs.1,000/- with the Library of Advocates' Association and cheque of decreetal amount within one (1) week. Office is directed to accept the cheque. Civil Application is disposed of. CIVIL APPLICATION NO.11206/2023 3.

This is an application seeking stay to the execution and implementation of the impugned judgment and award passed by Joint Civil Judge, Sr.Division, Vaijapur, Dist.Aurangabad dated 09.03.2022 in LAR No.1054/2010.

4.

Considering the submissions advanced and contentions raised in paragraph No.3 of the application, the civil application is allowed subject to the appellant depositing the entire decreetal amount

- 3 - with accrued interest in this Court within a period of one (1) week from today.

5.

The civil application is disposed of.

( PRAFULLA S. KHUBALKAR, J.)