The Executive Engineer, Minor Irrigation Division v. Shri. Ningappa Basgonda Kempwad And ORS.

2 caf 899-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 899 OF 2014 IN FIRST APPEAL NO. 317 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.S. Tidke for the applicant.

Mr. Nilesh Pawar i/b T.S. Ingle for respondent no.1. Mr. A.R. Patil, AGP for respondent State.

CORAM : K. K. TATED, J.

DATED : 08/07/2015.

P.C.:

.

Heard learned Counsel for the parties.

This application is for stay of operation and implementation of impugned Award dated 02.09.2013 passed by the Joint Civil Judge, Senior Division, Sangli in L.A.R. No. 13 of 2007.

The learned counsel for the applicant submits that pursuant to the order dated 16.06.2014, they deposited entire awarded amount in the Reference Court. The statement is accepted.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the Sneha Chavan 1/2

2 caf 899-14=.doc present Civil Application.

At the same time, liberty granted to the respondents claimants to take out appropriate application, if they so desire, for withdrawal of the amount and that application will be decided on its own merits.

Hence, the following order.

i) Civil Application is allowed in terms of prayer clause (a), which reads thus:

"a) Pending the hearing and final disposal of above First Appeal, an operation, execution and implementation of the impugned judgment and award dated 02.09.2013 passed by the Civil Judge, Senior Division, Sangli in Land Acquisition Case No. 13/2007, may kindly be stayed."

ii) The Reference Court is directed to invest the entire awarded amount in Fixed deposits of any Nationalised Bank, initially for the period of one year and same to be continued till hearing and final disposal of the First Appeal.

iii) Liberty granted to the respondents claimants to take out appropriate application, if they so desire, for withdrawal of the amount and that application will be decided on its own merits. iv) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2