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Bombay High CourtCA/223/2017disposed offdismissed for default

The Executive Engineer, Lift Irrigation Division, Osmanabad Thr Sub-Div. Officer, Mohammad And ORS v. Mahadeo Kashinath Sakhare Died Since Deceased His Lrs Siddharth And ANR

2017-02-07Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice T.V. Nalawade2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 223 OF 2017 IN FIRST APPEAL STAMP NO. 34969 OF 2016 (The Executive Engineer, Lift Irrigation Division, Osmanabad and others Vs. Mahadeo Kashinath Sakhare, Since deceased by L.Rs. Siddharth and another) AND CIVIL APPLICATION NO. 226 OF 2017 IN FIRST APPAL STAMP NO. 34965 OF 2016 (The Executive Engineer, Lift Irrigation Division, Osmanabad and others Vs. Raghunath Mahadeo Sakhare) ---- Mr. S.C. Arora, Advocate for the applicants Mr. A.S. Shinde, A.G.P. for the respondent/State ---- CORAM :

T.V. NALAWADE AND SANGITRAO S. PATIL, JJ.

DATE : 7th FEBRUARY, 2017 PER COURT :

Heard.

2.

These applications are filed for grant of stay to the execution of the award passed by the Reference Court.

3.

The award in the present cases is passed on the basis of the previous awards passed in one and the same group. However, the applicants have not made the award available in the present proceedings. In view of this

ca223-226-2017 circumstance, stay to the execution of the impugned awards is hereby granted subject to the condition that the applicant, in both matters, deposits the entire amount under the respective award within a period of eight weeks. In those terms, both the applications are allowed and disposed of.

[SANGITRAO S. PATIL] [T.V. NALAWADE] JUDGE JUDGE npj/ca223-226-2017