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Bombay High CourtCAF/296/2017admittedallwdgrantedrule absolute

Vidarbha Irrigation Devp. Corporation, Yavatmal, Thr. Executive Engineer, Bembla Project Division v. Smt. Bebi Devidas Bahekar And Others

2018-10-19Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1910caf296.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.296/2017 IN FIRST APPEAL NO.594/2017 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Bembla Project Division, District Yavatmal ...Versus...

Smt. Bebi Devids Bahekar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Vinay Dahat, Counsel for appellant/applicant Mrs. A.R. Kulkarni, AGP for respondent nos.3 and 4 CORAM : ARUN D. UPADHYE, J.

DATE : 19/10/2018 Heard.

The learned Counsel for the appellant/applicant submitted that the entire decretal amount has been deposited in this Court and therefore prays for stay of the execution of the judgment and award dated 18/4/2015 passed by the learned 2nd Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No.245/2005.

Considering the submissions of the learned Counsel for the appellant/applicant, I am of the view that the impugned judgment award could be stayed as the entire amount has been deposited by the appellant.

1910caf296.17.odt Hence, the civil application is allowed. The impugned judgment and award dated 18/4/2015 passed by the 2nd Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No.245/2005 is stayed till disposal of the appeal. JUDGE Wadkar, P.S.