Godavari Marathwada Irrigation Development Corporation v. Manohar Harishchandra Aradwad And Others

{1} CIVIL APPLICATION NO.10857 OF 2017 IN Applicant There is no difficulty in granting the relief applied for in the application for transposition. However, learned Counsel for the appellant submits that appellant no.1-Godavari Marathwada Development Corporation will be represented by one lawyer and the State of Maharashtra, which is now sought to be transposed as appellant, will be represented by another lawyer i.e. Government Pleader.

This is not permissible. If, at all, the State of Maharashtra is to be transposed as appellant, then, all the appellants will have to be represented by one lawyer. Learned Counsel for the appellant seeks to rely upon some Government Circulars issued by the Secretary, which directs

{2} the Godavari Marathwada Development Corporation to implead the State of Maharashtra as co-appellant since, both of them are having common interest.

Such circulars cannot override the law. As noted earlier, there is no difficulty in permitting transposition, provided that all the appellants are represented by one and the same lawyer. Since, learned Counsel for the appellant submits that this is not possible, the application for transposition is dismissed.

{3} Appellant WITH FIRST APPEAL NO.520 OF 2018 Appellant Harishchandra s/o Irappa Aradwad Heard.

Admit.

Mr.P.G.Sontakke, advocate waives service of notice on behalf of Respondent No.1. Learned A.G.P. waives service of notice on behalf of Respondent No.2.

{4} CIVIL APPLICATION NO.9596 OF 2017 IN Applicant WITH CIVIL APPLICATION NO.9594 of 2017 in FIRST APPEAL NO.520 OF 2018 Applicant Harishchandra s/o Irappa Aradwad The execution of the impugned judgment and awards are stayed subject to the appellant depositing entire awarded amount together with interest in this Court within a period of eight weeks from today. If no such deposit is made, then stay order to vacate without further reference to this Court. If deposit is made,

{5} Respondents-claimants are granted liberty to withdraw 50% of the deposited amount by filing an undertaking that such withdrawal shall abide by final orders in the appeal.

Civil Applications are disposed of.