The Ex. Engineer, Osmanabad Minor Irrigation Project Div. Osmanabad v. Yeshwant Baliram Shinde And ORS

C.A.2403-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2403 OF 2020 IN FIRST APPEAL ST.NO. 30559 OF 2019 The Ex. Engineer, Osmanabad Minor Irrigation Project Division, Osmanabad ..Applicant

Versus

Sumant s/o Baliram Shinde and ors.

..Respondents Mr A.D. Gadekar, Advocate for applicant Mr L.C. Patil, Advocate for respondent no.1 Mr G.O. Wattamwar, A.G.P. for respondents no.2 and 3 AND CIVIL APPLICATION NO.2405 OF 2020 IN FIRST APPEAL ST.NO.30559 OF 2019 The Ex. Engineer, Osmanabad Minor Irrigation Project Division, Osmanabad ..Applicant

Versus

Yeshwant Baliram Shinde and ors.

..Respondents Mr A.D. Gadekar, Advocate for applicant Mr L.C. Patil, Advocate for respondent no.1 Mr G.O. Wattamwar, A.G.P. for respondents no.2 and 3 CORAM : SHRIKANT D. KULKARNI, J.

DATE : 3rd July 2021 PER COURT :

1.

These are the applications for stay moved by the applicant/acquiring body/original respondent no.3.

2.

Heard Mr Gadekar, learned Advocate for applicant, Mr L.C. Patil, learned Advocate for respondent no.1 and Mr G.O. Wattamwar, learned A.G.P. for respondents no.2 and 3.

C.A.2403-2020 3.

Perused the earlier order passed by this Court on 26.2.2020. This Court was pleased to grant conditional stay vide order dated 26.2.2020. Mr Gadekar, learned Advocate for applicant submits that the acquiring body has deposited the entire decretal amount in this Court. Mr L.C. Patil, learned Advocate for respondent no.1 also admits the same. Certainly, the interim stay granted by this Court vide order dated 26.2.2020 needs to be confirmed. 4.

Civil Applications for stay are hereby allowed. 5.

The interim stay granted by this Court vide order dated 26.2.2020 is hereby made absolute till final decision of the appeals. 6.

Inform the reference Court accordingly.

7.

Both the Civil Applications stand disposed of. ( SHRIKANT D. KULKARNI, J.) vvr