The State Of Maharashtra And ANR v. Tukaram Janardhan Dudile

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 51 CIVIL APPLICATION NO.5366 OF 2018 IN FA/2594/2019 WITH CA/5368/2018 IN FA/2595/2019 WITH CA/5370/2018 IN FA/2596/2019 WITH CA/5372/2018 IN FA/2597/2019 THE STATE OF MAHARASHTRA AND ANR

VERSUS

ASHOK JANARDHAN DUDILE AND ORS.

...

AGP for Appellants : Mr.Y.G.Gujrathi Advocate for Respondent : Mr.Balasaheb K. Pawar ...

CORAM : K. K. SONAWANE, J.

Date: January 13, 2020 ...

PER COURT :- 1.

This Court under order dated 31.07.2019 granted interim relief of stay to the execution and implementation of the Judgment passed by the Reference Court, subject to condition that the appellant-State of Maharashtra shall deposit entire decreetal amount on or before 19.12.2019. But, it appears that the appropriate authority of the Government did not pay heed to the order passed by this Court nor there were any eforts to deposit decreetal amount in this Court within stipulated period. In such circumstances, there is no propriety to keep alive present applications for interim relief of stay, which has already been vacated after expiry of stipulated period uptill 19.12.2019. Therefore, the present applications for seeking interim relief of stay stand dismissed. No order as to costs. The respondents-original claimants are at liberty to execute the award within the ambit of law before the learned Executing Court. 2.

Registrar (Judicial) to communicate the concerned Executing Court to proceed further for execution of the impugned Judgment and award for recovery of amount in the proceedings, if any fled by the original claimants. ( K. K. SONAWANE, J. ) SPT