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Bombay High CourtCAF/805/2023ca disposed off

V.I.D.C. Thr. Exe. Engineer, Purna Medium Project, Achalpur And Another v. Harishchandra Irbhanji Kautikkar And Others

2023-03-20Hon'Ble Justice Urmila Joshi Phalke2 pages

(1) 54.fa.214.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.214 OF 2023 Vidarbha Irrigation Development Corporation, through its Executive Engineer Purna Medium Project, Achalpur and another Vs.

Harishcandra Irbhanji Kautikkar and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Mallika Babhulkar, Advocate h/f Mr. M. A. Kadu, Advocate for appellants/applicants.

Mr. R. J. Shinde, Advocate for respondent No.1. Mr. K. L. Dharmadhikari, AGP for respondent nos.2 and 3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 20/03/2023 Civil Application (CAF) No.805/2023 1.

Present application is preferred by the applicants against the Judgment and Award passed by the Joint Civil Judge Senior Division, Achalpur for seeking stay to the effect, operation and execution of the impugned Judgment and Award passed in Land Acquisition Case No.130 of 2015.

2.

Learned Advocate Ms. Babhulkar holding for learned Advocate Mr. Kadu submitted that the principal amount is already deposited. On depositing the accrued interest amount along with the statutory benefits within ten weeks, the effect, operation and execution of the impugned Judgment and Award passed by the Joint Civil Judge Senior Division, Achalpur in Land Acquisition Case

(2) 54.fa.214.2023 No.130/2015, be stayed till final disposal of the appeal. 3.

On failure to deposit the said amount, the stay granted will be vacated automatically without further reference to the Court.

4.

Civil application is disposed of.

FIRST APPEAL NO.214 OF 2023 1.

Heard.

2.

Admit.

3.

Learned Advocate Mr. Shinde, waives notice for respondent No.1.

4.

Learned AGP Mr. Dharmadhikari waives notice for respondent Nos.2 and 3.

5.

Call for record and proceedings.

6.

Appellants to file paper book within ten weeks, after receipt of the record and proceedings. 7.

Appeal be placed after filing of the paper book, its verification, as per its own turn.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 17:29