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Bombay High CourtCA/3584/2020disposed off

G.M.I.D.C., Thr The Ex. Engineer, Minor Irrigation Division, Osmanabad And ORS v. Balaji Vitthal Mendhekar

2022-03-01Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 909-3595-2020ca

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3595 OF 2020 IN FIRST APPEAL ST.NO.32467 OF 2018 G.M.I.D.C. THR THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS.

VERSUS

ASHIF KHAJA SHAIKH (MINOR) U/G GRANDMOTHER MANNANBEE S. BHETEKAR AND CIVIL APPLICATION NO. 3587 OF 2020 IN FIRST APPEAL ST.NO.32471 OF 2018 G.M.I.D.C. THR THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS.

VERSUS

SHAHANUR AMBIR BHETEKAR AND CIVIL APPLICATION NO. 3584 OF 2020 IN FIRST APPEAL ST.NO.32449 OF 2018 G.M.I.D.C. THR THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS.

VERSUS

BALAJI VITTHAL MENDHEKAR Mrs Kalpalata Patil - Bharaswadkar, Advocate for applicants Mr M.R. Malpani, Advocate h/f Mr A.B. Kale, Advocate for respondents CORAM : SHRIKANT D. KULKARNI, J.

DATE : 1st March, 2022 PER COURT :

1.

These are the applications for stay moved by the appellants/acquiring body.

2.

Heard Mrs Kalpalata Patil - Bharaswadkar, learned Advocate for appellants/acquiring body and Mr M.R. Malpani holding for Mr A.B. Kale, learned Advocate for respondents/claimants.

2 909-3595-2020ca 3.

It is revealed during course of argument that the acquiring body has deposited the entire amount of compensation under the impugned judgment and award in this Court and complied with the conditional stay order passed earlier by this Court. As such, the interim stay needs to be confirmed till final decision of the appeals.

ORDER

(i) The interim stay granted by this Court earlier vide order dated 25.11.2020 is hereby confirmed till final decision of the appeals. (ii) Inform the concerned reference Court/executing Court accordingly. (iii) The Civil Applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) vvr