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Bombay High CourtCA/4322/2018admittedallowedgrantedrule absolute

The Ex. Engineer, Irrigation Project Strengthening Division, Thr Mpd Osmanabad And ORS v. Narayan Tukaram Jadhav (Dead) Thr Lrs Bhagirathibai And ANR

2024-12-13Hon'Ble Shri Justice N. B. Suryawanshi2 pages

2024:BHC-AUG:29469 {1} ca4320-18.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4320 OF 2018 IN FIRST APPEAL STAMP NO.41328 OF 2017 The Executive Engineer, Irrigation Project Strengthening Division, Omerga & Ors APPLICANTS

VERSUS

Pura Mansing Rathod (Died) LRs and Others RESPONDENTS AND CIVIL APPLICATION NO. 4322 OF 2018 IN FIRST APPEAL STAMP NO.41835 OF 2017 .......

Mr. I. V. Kharat h/f Mr. P.R. Nangare, Advocate for the Applicants Mr. L. C. Patil, Advocate for Respondents No.2 to 4 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 13 th DECEMBER, 2024 ORDER :

1.

Heard.

2.

These are the Applications for stay to the impugned Judgment and Award passed by the Reference Court. 3.

Learned Advocate for the Applicants states that in the connected matters, arising out of the same acquisition, this Court in Civil Application No. 1012 of 2022 in First Appeal Stamp No. 21044 of 2021, has passed an order directing the applicants to

{2} ca4320-18.doc deposit 75% amount of the compensation along with interest and granted stay to the impugned Judgment and Award. 4.

Learned Advocate for the Respondents - Claimants confirms the said position.

5.

The applications are, therefore, allowed, on the condition that the Applicant shall deposit 75% amount of the compensation along with up to date proportionate interest, within 12 weeks from today.

[ NITIN B. SURYAWANSHI ] JUDGE drp/ca4320-18.doc