Executive Engineer, Jigaon Irrigation Division, Khamgaon, Buldhana(Van Project Shegaon) v. Govinda Gajanan Thombe And Another

1 32caf1363.2025..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 1363 OF 2025 IN FIRST APPEAL NO. 587 OF 2025 (The Executive Engineer Jigaon Lift Irrigation Divn, Khamgaon Vs. Govinda Gajanan Thombe and anr) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. A. Athalye, Advocate for appellant/applicant. Mr. Aniket Sawal, Adv h/f Mr. H.R. Gadhia, Advocate for respondent No.1. Mr. M.A. Kadu, AGP for respondent No. 2.

CORAM : ABHAY J. MANTRI, J.

DATED : 18-08-2025 Heard.

2.

Learned counsel for appellant submitted that the appellant has deposited the awarded amount along with interest accrued thereon before the appropriate authority vide cheque dated 26.12.2024. Accordingly, she has tendered a Pursis dated 18.08.2025 across the bar, which is taken on record.

3.

It is further submitted that since the appellant has deposited the compensation amount as stated above, a stay may be granted to effect and operation of the impugned judgment and order. 4.

Having considered the reasons disclosed in the application and the fact that the awarded amount, along with interest, has been deposited with the appropriate authority, I deem it appropriate to allow this application in terms of prayer clause (i). 5.

As such, the application is allowed in terms of prayer clause (i). The application is disposed of.

2 32caf1363.2025..odt FIRST APPEAL NO. 587 OF 2025 Heard.

2.

Having considered the grounds raised in the appeal memo, the appeal is 'Admitted'.

3.

Issue notice to the respondents, returnable within four weeks. 4.

Mr. Gadhia, learned counsel, waives notice on behalf of respondent No.1. Mr. Kadu, learned AGP, waives notice for respondent No. 2/State.

5.

Call for record and proceedings.

6.

List the matter after receipt of the record and proceedings. (ABHAY J. MANTRI, J.) Belkhede