Sarjerao Devidas Deshmukh v. The Executive Engineer, Irrigation Div., Beed And ANR

920-ca-663-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 663 OF 2025 IN FA/1871/2023 Sarjerao Devidas Deshmukh

VERSUS

The Executive Engineer, 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. 5473 OF 2023 IN FA/1871/2023 .....

CORAM : ROHIT W. JOSHI, J.

Dated : 28TH FEBRUARY, 2025 PER COURT :- FA/1871/2023 .

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/original claimant.

920-ca-663-2025 CIVIL APPLICATION NO. 5473 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 owner to move application for withdrawal of amount.

CIVIL APPLICATION NO. 663 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 said condition.

2.

In similar matters, the entire 50% amount as deposited and accrued interest is permitted to be withdrawn by the respondents/land owners on furnishing usual undertaking. 3.

In that view of the matter, the present Civil Application is allowed, allowing the respondents/land owners to withdraw the amount deposited alongwith accrued interest on furnishing usual undertaking.

( ROHIT W. JOSHI, J ) Rushikesh/2025