The Executive Engineer, Irrigation Project, Majbutikaran Division, Omerga Thr Sina Kolegaon Medium v. Nagnath Bhairu Godase And ORS

1 922 CA-13580-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13580 OF 2016 IN FAST/28995/2016 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT, MAJBUTIKARAN DIVISION, OMERGA THR SIN

VERSUS

NAGNATH BHAIRU GODASE AND OTHERS ...

Advocate for Applicant : Mr. Ruturaj C. Patil. Advocate for Respondents No.1 to 3 : Mr. L. C. Patil. AGP for Respondents No.4 and 5 : Mr. S. R. Yadav-Patil. ...

CORAM : K.K. SONAWANE, J.

DATED : 28TH SEPTEMBER, 2017.

Order :- Heard learned counsel for the applicant-appellant. Perused the application.

2.

In view of nature of subject matter, I do not find any impediment to grant stay by imposing certain conditions. Hence, application deserves to be allowed. Accordingly, the execution and operation of the impugned Judgment and Award passed by the learned Civil Judge, Senior Division, Osmanabad, in Land Acquisition Reference No. 100 of 2011 dated 07-04-2014, is hereby stayed, subject to condition that the appellant (original respondent No.3) - Acquiring Body shall deposit the entire decreetal amount alongwith interest accrued thereon as ordered by the learned Reference Court within twelve (12) weeks in this Court, failure to which, the stay granted shall stand vacated automatically without further reference to this Court and respondents No.1-3 (original claimants) are at liberty to avail the requisite remedy for execution of the Award in appropriate forum. Accordingly, civil application stands disposed of. [ K. K. SONAWANE ] JUDGE rrd.