Executive Engineer, Minor Irrigation Division, Osmanabad v. Vishwanath Krishna Khandekar And ORS

{1} CIVIL APPLICATION NO. 435 OF 2017 IN Applicant Ms. S.D. Shelke, advocate for applicant Taking into consideration the order dated 19.12.2017, made in connected Civil Application No. 428/2017 in First Appeal St. No. 34028/2016, this civil application is allowed. Delay in institution of appeal is condoned.

{2} Appellant Ms. S.D. Shelke, advocate for appellant.

Heard.

2.

Admit. Learned counsel Mr. Sontakke waives service of notice on behalf of respondent no. 1.

3.

Call Record and Proceeding.

{3} CIVIL APPLICATION NO. 436 OF 2017 IN Applicant Ms. S.D. Shelke, advocate for applicant Execution of the impugned judgment and award is stayed subject to appellant depositing the entire awarded amount together with interest in this Court within a period of twelve weeks from today.

2.

Upon deposit of amount, respondent no. 1, claimant, is permitted to withdraw 50% of the deposited amount on filing an undertaking that such withdrawal shall abide by final order in the appeal.