Jaywantabai Ananda Dandge v. Ravindra Rama Warade

1083-ca-15157-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1083 CIVIL APPLICATION NO.15157 OF 2017 IN FA/4665/2017 JAYWANTABAI ANANDA DANDGE

VERSUS

RAVINDRA RAMA WARADE ...

Advocate for Applicant : Mr. Shaikh Kayyum Najir Advocate for Respondent : Mr. Irfan Maniyar ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 26th JULY 2019 ORDER :

.

It appears that the present application has been filed for vacating stay. In fact, by order dated 21.04.2017, this Court had directed the appellants in the first appeal to deposit the entire amount under the award with accrued interest within a period of 12 weeks. That means a conditional order was passed and it was also clarified that "failing which the order granting stay stands vacated automatically without further reference to the Court". If the amount is not deposited, then the said conditional order has come into operation, therefore, the question of vacating stay does not arise. So also, it can be seen that the application itself was disposed of with that condition.

1083-ca-15157-17.doc 2.

Under such circumstance, the application itself is not maintainable. Hence, application stands disposed of. ( Smt. Vibha Kankanwadi, J. ) Shubham/