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Bombay High CourtCAF/4086/2017

The Executive Engineer And ANR. v. Mr.Mallinath Shivanna Nagure And ORS.

2019-02-06Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 912(II) CAF4086.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4086 OF 2017 IN FIRST APPEAL (ST.) NO. 26615 OF 2017 Executive Engineer, Krishna Khore Development, Corporation Project Design Canal Division, Solapur ....Applicant V/s.

Mallinath Shivanna Nagure & Ors.

....Respondents Mr. Nitin Deshpande for the applicant in CAF 4085/2017 a/w. CAF 4086/17 and for the appellant in FAST 26615/17 and for the respondent in CAFST 2308/19.

Mr. Prasad Kulkarni for respondent nos.1 and 2 and for the applicant in CAFST 2308/2019.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 06th FEBRUARY, 2019.

P.C.:

.

Heard the learned counsels for the respective parties. 2.

By this application, the applicant has sought to stay the execution of the judgment and award dated 25/01/2016 passed by the Civil Judge, Senior Division, Solapur in L.A.R. No.117 of 2006 under Section 18 of the Land Acquisition Act.

3.

By order dated 15/12/2017, this Court (Coram : Mrs. Mridula Bhatkar, J.) had granted ad­interim stay to the execution of the impugned judgment and award, subject to depositing the entire 1/2

P.H. Jayani 912(II) CAF4086.17.doc decreetal amount along with interest accrued thereon. 4.

Mr. Nitin Deshpande, learned counsel for the applicant states that the applicant has already deposited the entire decreetal amount alongwith interest accrued thereon. Statement is accepted. 5.

In the light of said statement, execution of judgment and award dated 25/01/2016 passed by the Civil Judge, Senior Division, Solapur in L.A.R. No.117 of 2006 is stayed till the disposal of the appeal. 6.

Civil Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2