Executive Engineer, Kadwa Canal Project, Nashik v. Thakubai Bhimrao Kandekar And ORS.
46 Ia-8024-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8024 OF 2025 IN FIRST APPEAL (St.) NO. 7479 OF 2025 IN L.A.R. NO. 79 OF 2012 Executive Engineer, Kadwa Canal Project Nashik Division ...Applicant
Versus
Thakubai Bhimrao Kandekar and Others
...Respondents.
------ Ms. Chaitrali Deshmukh for Applicant.
Mr. A. R. Patil, AGP for State.
------ Coram : Sharmila U. Deshmukh, J.
Date : 9th May, 2025.
P. C. :
1.
Interim Application has been preferred seeking stay of the execution of the impugned judgment and Award dated 24th January, 2023.
2.
Learned counsel appearing for the Applicant submits that the execution proceedings have already been filed and till the issuance of notice to the Respondent, ad-interim stay be granted failing which the First Appeal will be rendered infructuous.
3.
Considering that the proceedings arise out of land acquisition matter and the Award constitutes money decree, before any stay can Sairaj 1 of
46 Ia-8024-2025.doc be granted, the amount will have to be deposited. 4.
Let the entire decretal amount along with accrued interest be deposited in the Reference Court within a period of 12 weeks from today.
5.
Issue notice to the Respondents returnable on 18th July, 2025. 6.
Learned AGP waives notice on behalf of Respondent-State. 7.
In light of the directions for deposit, ad-interim stay in terms of prayer clause 'b'.
[Sharmila U. Deshmukh, J.] Sairaj 2 of