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Bombay High CourtCA/14891/2015dismissedrule discharged

Daulat Gulam Mohammad Shaikh v. Executive Engineer, Latur Medium Project Division, Latur And Another

2015-12-05Hon'Ble Shri Justice A.M. Badar2 pages

ca14891.15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.14891 OF 2015 IN FIRST APPEAL ST. NO.22019 OF 2013 (Daulat Gulam Mohammad Shaikh Vs Executive Engineer, Latur Medium Project Division, Latur and another) WITH C.A. NO.14892 OF 2015 IN F.A.ST. NO.21955 OF 2015 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.M. BADAR,J.

DATED : 05.12.2015 Mr.P.G.Gunale, Advocate for the applicant Mr.N.B.Patil, AGP for the respondent/State 1.

By these applications two prayers are made. One is to vacate interim stay granted by this Court on 10.02.2015 and another is to quash and set aside order below Exhibit-8 in R.D.

No.1 of 2015 passed by learned 3rd Joint Civil Judge Senior Division, Latur on 01.10.2015.

ca14891.15 2.

Perusal of order dated 10.02.2015 passed by this Court makes it clear that stay is conditional. As such if the condition is not fulfilled then it is not necessary to pass another order for vacating the stay. So far as second prayer is concerned, same cannot be entertained in the instant proceedings.

3.

Both the civil applications are, therefore, dismissed.

[A.M. BADAR,J.] /2015/ 15/ snk NOV ca14891.15