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Bombay High CourtCA/14535/2022admittedallowedgrantedrule absolute

Ashok Kalyanrao Deshmukh v. The Exe. Engineer Irri. Dept. Beed Head Quarter At Ambajogai Thr Beed Irrigation Div., Beed And ANR

2023-11-02Hon'Ble Shri Justice Arun R. Pedneker2 pages

14535.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 981 CIVIL APPLICATION NO.14535 OF 2022 IN FA/2950/2022 WITH CA/14425/2022 IN FA/2950/2022 WITH FIRST APPEAL NO.2950 OF 2022 ASHOK KALYANRAO DESHMUKH

VERSUS

THE EXE.ENGINEER IRRI.DEPT. BEED HEAD QUARTER AT AMBAJOGAI THR BEED IRRIGATIONDIV., BEED & ANOTHER ...

Advocate for Applicant : Mr.N.P.Bangar AGP for Respondent-State : Ms.R.P.Gaur ...

CORAM :ARUN R. PEDNEKER, J.

DATE :02.11.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR DIRECTION The present Civil Application is filed to direct the acquiring body to deposit entire decreetal amount. The present Civil Application is disposed of without any order. B] ORDER IN CIVIL APPLICATION FOR STAY 1] Heard the learned counsel for the applicant.

The learned counsel for the applicant submits that in

14535.22CA connected matters wherein this Court has granted stay to the impugned award, subject to deposit of 50%, 75% and 100% amount in terms of the order dated 21st June, 2023, 10.10.2022 and 21.06.2023 passed in Civil Application No.10797/2022 in First Appeal No.1765 of 2022, Civil Application No.14316 of 2022 in First Appeal No.2900 of 2022 and First Appeal No.1862 of 2023 respectively. 2] In view of the same, I deem it appropriate to direct the acquiring body to deposit 75% of the amount as directed by the Reference Court along with interest accrued thereon subject to deposit of the amount as aforesaid within a period of 12 weeks from today.

C] ORDER IN FIRST APPEAL Issue notice to the respondents, returnable on 15th February, 2024. The learned AGP waives notice for respondent no.4.

[ARUN R. PEDNEKER] JUDGE DDC