Godavari Marathwada Irrigation Development Corporation Through Its Executive Engineer Latur And ANR v. Virbhadra Babuappa Shelke And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.

VERSUS

NAGNATH MAHADU SALUNKHE AND ORS ...

Advocate for Applicant : Mr. Sangle Shirish G. AGP for Respondent-State: Mr. B.V. Virdhe Advocate for Respondents-claimants : Mr. S.V. Warad .....

CORAM : V. K. JADHAV, J.

DATED : 3rd FEBRUARY, 2017 PER COURT:- 1.

Heard both sides.

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Learned counsel for the respondents-original claimants has no objection if the civil applications filed for transposition are allowed. In view of above and for the reasons stated in the said civil applications, civil applications for transposition are allowed and disposed of. 3.

Similarly, in so far as the civil applications seeking leave to file appeal are concerned, learned counsel for the respondents claimants also has no objection if the said applications are allowed. In view of above and for the reasons stated in the civil applications, the civil applications seeking leave to file appeal are allowed and disposed of. 4.

In so far as the civil applications for condonation of delay are concerned, for the reasons stated in the said civil applications, civil applications for condonation of delay are allowed. Delay occurred in filing the first appeals is condoned. Civil applications are allowed and disposed of.

5.

In first appeals, issue notice to the respondents, returnable on 17.03.2017. Learned counsel waives notice for respondentsclaimants and learned A.G.P. waives notice for respondent-State. Call for record and proceedings.

6.

In so far as stay applications are concerned, pending, the

-3hearing and final disposal of first appeals, the execution, implementation and operation of the impugned judgment and award under appeals is hereby stayed on the condition that the applicant shall deposit entire amount under award with accrued interest thereon, in this Court, within a period of 12 (twelve) weeks from today, failing which the order granting stay shall stand vacated automatically without further reference to the Court. Civil applications for stay are accordingly disposed of. ( V. K. JADHAV, J.) rlj/