Executive Engineer, Jigaon Lift Irrigation Division, Khamgaon, Buldhana(Van Project Shegaon) v. Sarangdhar Arjun Pachpor (Dead) Thr Its Lrs Motiram Sukhdev Pachpor And Others

1 04-FA 565.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR FIRST APPEAL NO. 565 OF 2025 ( The Executive Engineer Jigaon Lift Irrigation Division, Khamgaon vs. Sarangdhar Arju Pachpor (Dead) Through LR's and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or directions, Court's or Judge's order and Registrar's orders.

Ms.Ashwini Athalye, Advocate for appellant.

Mr.Aniket Sawal, Advocate h/f Mr. H.R.Gadhia, Advocate for respondents No.1 to 3.

Mrs.Mukta Kavimandan, AGP for respondent No.4. CORAM :

ABHAY J. MANTRI, J.

ATE :

JULY 23, 2025 CIVIL APPLICATION (F) NO.1306 OF 2025 1) The appellant has filed this application to stay the effect and operation of the impugned judgment passed by the learned Reference Court.

2) Learned counsel for the appellant submitted that the appellant has already deposited the entire awarded amount of compensation along with interest before the learned Authority vide Cheque dated 26/12/2024 and accordingly tendered across the bar a pursis dated 23/07/2024. The same is taken on record and marked as 'X' for identification purposes. Therefore, she urged that the application for stay be allowed. 3) Since the appellant has deposited the entire amount of compensation to the Authority and the reason disclosed in the application, the application is allowed in terms of prayer clause(i).

2 04-FA 565.2025.odt FIRST APPEAL NO.528 OF 2025 1) Heard.

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

3) Issue notice to the respondents, returnable after five weeks.

4) Learned counsel Mr. Aniket Sawal waives service of notice on behalf of respondents No.1 to 3. Learned Assistant Government Pleader Mrs. Mukta Kavimandan waives service of notice on behalf of respondent No.4.

4) Call for R & P.

5) List the matter after receipt of the R & P.

( ABHAY J. MANTRI, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 24/07/2025 14:14:37