V.I.D.C., Executive Engineer, Khadakpurna Project Division, Deulgaon Raja v. Shenfad Manikrao Bhutekar (Deceased) Thr. Madakini Shenfad Bhutekar And Others

1 02-FAST 16307.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR FIRST APPEAL (STAMP) NO. 16307 OF 2025 ( VIDC, Buldhana and another vs. Shenfad Manikrao Bhutekar (Deceased) and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or directions, Court's or Judge's order and Registrar's orders.

Mr. M.A.Kadu, Advocate for applicants/appellants. Mrs.Mukta Kavimandan, AGP for respondents No.5 and 6. CORAM :

ABHAY J. MANTRI, J.

ATE :

JULY 23, 2025 CIVIL APPLICATION (F) NO. 2616 OF 2025 1) Heard.

2) The applicants/appellants have filed this application seeking stay to the effect, operation and execution of the impugned judgment and award dated 27/03/2023 passed by learned Reference Court in L.A.C.No.60/2021.

3) Perused the record. It appears that the learned Reference Court has passed the award on 27/03/2023, and since then, the appellants have failed to deposit the amount before the learned Reference Court or this Court. It further reveals that due to the non-deposit of the amount, execution proceedings have been filed by respondent No. 1.

4) Learned counsel for the appellants undertake to deposit the entire compensation amount along with interest in this Court within a period of two weeks. He further submitted that the respondent No.1 has filed Darkhast Petition Nos.108/2023, wherein learned Executing Court granted one week time to the appellants to deposit the amount and has orally

2 02-FAST 16307.2025.odt directed that failing which; warrant of attachment of the property would be issued against the appellants, therefore, he moved this application seeking stay to the effect, operation and execution of the impugned judgment and award.

5) Considering the reasons stated in the application and undertaking of the learned counsel for the appellants, the application is allowed in terms of prayer clause (i) subject to deposit of the entire compensation amount along with interest by 06/08/2025. It is made clear that no further time will be granted.

CIVIL APPLICATION (F) NO. 2615 OF 2025 1) The applicants/appellants have moved this application seeking condonation of delay caused in filing the appeal.

2) Issue notice to the respondents, returnable on 06/08/2025. Learned Assistant Government Pleader waives service of notice on behalf of respondents No.5 and 6. ( ABHAY J. MANTRI, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 30/07/2025 17:36:13