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Bombay High CourtIA/11805/2024disposed off

The Executive Engineer, Minor Irrigation Division No. 1, Solapur And ANR. v. Dhondopant @ Appasaheb Nanasaheb Deshmukh And ORS.

2024-08-21Hon'Ble Justice Sharmila U. Deshmukh2 pages

906ia11805-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11805 OF 2024 IN FIRST APPEAL (ST.) NO. 23328 OF 2024 The Executive Engineer, Minor Irrigation Division No.1, Solapur and Anr.

... Applicants.

In the matter between:

The Executive Engineer, Minor Irrigation Division No.1, Solapur and Anr.

... Appellants.

Versus

Dhondopant @ Appasaheb Nanasaheb Deshmukh and Ors.

... Respondents.

----- Mr. Vilas B. Tapkir, for the Applicants.

Mr. Anand Kulkarni, for Respondent No.2.

Mr. Anvil S. Kalekar, for the Respondent Nos.1 and 3-Caveators. ----- Coram :

Sharmila U. Deshmukh, J.

Date :

August 21, 2024 P. C. :

1.

Interim Application has been filed seeking stay of the impugned Judgment and Award dated 26th August, 2022 passed by the Civil Judge Senior Division, Solapur in L.A.R. No.123 of 2006. 2.

This Court is informed that the execution proceedings have already been initiated by the Claimants. As the proceedings arise out of the land acquisition, the Judgment and Award dated 26th August, 2022 is stayed subject to the Applicants depositing the entire decretal sa_mandawgad 1 of

906ia11805-24 amount alongwith accrued interest before the Reference Court within a period of six weeks from today. Upon the amount being deposited, it is open for the Claimants to move necessary application before the Reference Court for withdrawal, which is required to be decided on its own merits and in accordance with law.

[Sharmila U. Deshmukh, J.] 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 22/08/2024 11:18:31