Namdeo Kashinath Varade And ORS v. The Ex. Engineer, Minor Irrigation Division, Jalna

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO.839 OF 2019 IN FA/935/2018 NAMDEO KASHINATH VARADE AND ORS

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALNA ...

Advocate for Applicants : Mr. GJ Pahilwan, Adv. h/for Mr. Kshirsagar Gajanan K.

Mr. AM Phule, AGP for Respondent-State.

...

CORAM : P.R. BORA, J.

Dated: January 15, 2019 ...

PER COURT :- 1.

In the present application, it is a grievance of the applicants that the Appellants have not deposited the amount of compensation, and as such, the order passed by this Court on 21st December, 2017, needs to be vacated and the claimants need to be permitted to proceed with execution proceedings.

2.

In fact, in order dated 21st December, 2017 itself, it is specifically mentioned that stay to the execution of the impugned Award is granted on condition that the appellants shall deposit the entire amount of compensation together with interest accrued thereon within a period of 12 weeks. If the amount has not been deposited within the aforesaid stipulated period, the BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD order dated 21st December, 2017 must be deemed to have been vacated automatically. As such, no orders are necessary on the present application. The claimants may proceed with the execution proceedings, if they desire. The application stands disposed of.

( P.R. BORA, J. ) ...

BDV