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Bombay High CourtCA/12782/2018disposed offdismissed for default

Godawari Marathwada Irrigation Development Corporation Thr The Executive Engineer And ANR v. Dr. Anirudh Vithalrao Kulkarni And ANR

2018-10-15Hon'Ble Shri Justice Sunil K. Kotwal7 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 CIVIL APPLICATION NO. 12782 OF 2018 IN FA/1270/2017 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION THR THE EXECUTIVE ENGINEER DR. ANIRUDH VITHALRAO KULKARNI AND ANR Advocate for Respondents : Mr. C.R.Deshpande 8 CIVIL APPLICATION NO. 12783 OF 2018 IN FA/1272/2017 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION THR THE EXECUTIVE ENGINEER MANIK BABURAO INGALE DIED HIS LRS KASHINATH AND ORS Advocate for Respondents : Mr. S.A.Wakure ...

9 CIVIL APPLICATION NO. 12784 OF 2018 IN FA/1273/2017 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION THR THE EXECUTIVE ENGINEER BHARAT TATYABA JADHAV AND ANR

Advocate for Respondent no.1 : Mr. D.D.Sarwade Patil AGP for Respondent/State : Mr. S.B.Narwade 10 CIVIL APPLICATION NO. 12785 OF 2018 IN FA/1274/2017 AMAR DATTATRAYA PATIL AND ANR Advocate for Respondent no.1 : Mr. D.D.Sarwade Patil 11 CIVIL APPLICATION NO. 12786 OF 2018 IN FA/1276/2017 SAYYAD SADATULLHA SYED SAFIULLHA BIJAPURE AND ANR Advocate for Respondent no.1 : Mrs. A.N.Ansari 12 CIVIL APPLICATION NO. 12787 OF 2018 IN FA/1275/2017 WITH CA/1950/2018 IN FA/1275/2017

SYED ABDUL AZIZ SYED ABDUL RASHID AND ANR 13 CIVIL APPLICATION NO. 12788 OF 2018 IN FA/1271/2017 SHRIDHAR SADASHIV LOKARE AND ORS Advocate for Respondents : Mr. G.J.Kore AGP for Respondent/State : Mr. S.B.Narwade 14 CIVIL APPLICATION NO. 12789 OF 2018 IN FA/1269/2017 SACHIN ARUNRAO DESHPANDE AND ANR Advocate for Respondent no.1 : Mr.S.A.Wakure

15 CIVIL APPLICATION NO. 12790 OF 2018 IN FA/1278/2017 VYANKATESH NETAJI MUNDE DIED HIS LRS GANESH AND ORS Advocate for Respondents : Mr. D.D.Sarwade Patil 16 CIVIL APPLICATION NO. 12791 OF 2018 IN FA/1279/2017 GORAKH BHUJANGRAO INGALE AND ANR Advocate for Respondents : Mr. D.D.Sarwade Patil AGP for Respondent/State : Mr. S.B.Narwade 17 CIVIL APPLICATION NO. 12792 OF 2018 IN FA/1280/2017 SHANKAR NAMDEO LOKARE DIED HIS LRS GANESH AND ORS

Advocate for Respondents : Mr. D.D.Sarwade Patil 18 CIVIL APPLICATION NO. 12793 OF 2018 IN FA/1281/2017 PRABHAKAR SITARAM LOKARE AND ORS Advocate for Respondents : Mr. D.D.Sarwade Patil AGP for Respondent no.2 : Mr. S.P.Deshmukh 19 CIVIL APPLICATION NO. 12794 OF 2018 IN FA/1277/2017 ATMARAM NAMDEO LOKARE DIED HIS LRS CHANDRAKANT AND ORS Advocate for Respondents : Mr. D.D.Sarwade Patil AGP for Respondent no.2 : Mr. S.B.Narwade

CORAM : SUNIL K. KOTWAL, J.

DATE : OCTOBER 15, 2018 O R D E R :

These applications are filed by the appellant-Corporation for depositing remaining 50 per cent compensation amount in accordance with the order, passed by this Court.

2.

Learned counsel for the respondents/claimants has pointed out that on 16.2.2018 by taking into consideration the total inaction on the part of the Corporation to deposit the entire compensation amount, the application for stay was rejected by this Court. He opposes this application.

3.

However, if Corporation is ready to deposit remaining 50 per cent amount of the compensation in the Court, it is for the betterment of claimants also to permit such deposit of the compensation. Therefore, permission is granted to deposit remaining compensation amount in the Court.

4.

As entire compensation amount is deposited by the Corporation, the impugned judgment and order, dated 17.10.2013, passed by the Civil Judge, Senior Division, Osmanabad, in L.A.R. Nos. 736/2007, 737/2007, 89/2008, 87/2008, 241/2010, 242/2010, 744/2007, 216/2010, 88/2008, 590/2008, 745/2007, 540/2008, 743/2007, is stayed till final disposal of the appeal.

5.

Civil Applications are disposed of.

[SUNIL K. KOTWAL, J.] dbm