Rama Gopinath Ambad v. The Ex. Engineer,Minor Irrigation Div. Beed And ANR

2025:BHC-AUG:6081

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 660 OF 2025 IN FA/2359/2023 Rama Gopinath Ambad

VERSUS

The Ex. Engineer,minor Irrigation Div. Beed And Anr ...

Mr. N. P. Bangar, Advocate for Applicant Mr. S. P. Joshi, AGP for Respondent-State Mr. S. G. Bhalerao, Advocate for Respondent No.1 ...

WITH CIVIL APPLICATION NO. 7368 OF 2023 IN FA/2359/2023 The Ex. Engineer,minor Irrigation Div. Beed

VERSUS

Rama Gopinath Ambad And Anr .....

CORAM : ROHIT W. JOSHI, J.

Dated : 28TH FEBRUARY, 2025 PER COURT :- FA/2359/2023 .

Heard.

2.

Admit.

3.

Call Record and Proceeding.

4.

Issue notice to respondents. Learned AGP waives service of notice for respondent No.2. learned Advocate

appearing for respondent waives service of notice for respondent No.1/original claimant.

CIVIL APPLICATION NO. 7368 OF 2023 .

Since the amount of 50% as directed vide earlier order granting ad-interim-stay to execution of interim judgment and award is deposited, the ad-interim-stay stands confirmed and shall operate till final disposal of the appeals, subject to right of the respondent/land owners to move applications for withdrawal of amount.

CIVIL APPLICATION NO. 660 OF 2025 .

The execution of impugned judgment and award has been stayed, subject to condition that 50% of the amount as awarded by the learned Reference Court is deposited with this Court alongwith accrued interest. The appellant/Acquiring Body has complied with the stay condition.

2.

In similar matters, the entire 50% amount as deposited and accrued interest is permitted to be withdrawn by the respondent/land owners on furnishing usual undertaking. 3.

In that view of the matter, the present Civil Application

is allowed, allowing the respondent/land owner to withdraw the amount deposited alongwith accrued interest on furnishing usual undertaking.

( ROHIT W. JOSHI, J ) Rushikesh/2025