The Executive Engineer v. Abdul Karim Bodhale (Died) Through His Lrs. 1-A-Jafar Abdul Bodhale And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by DARSHAN PRAKASH PATIL Date:

2025.06.24 10:39:47 +0530 DARSHAN PRAKASH PATIL INTERIM APPLICATION NO. 9023 OF 2025 IN FIRST APPEAL (ST) NO. 1035 OF 2025 The Executive Engineer .. Applicant

Versus

Abdul Karim Bodhale (died) through his legal representatives and Ors.

.. Respondents Adv. Shakuntala Wadekar a/w Adv. Yogesh Thorat, for the Applicant. Adv. A. R. Patil, Addl. GP, for the Respondent Nos. 2 and 3 (State).

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

1.

The above Interim Application is filed seeking stay to the effect, operation and implementation of the Judgement and Award dated 13th April 2023 passed by the Civil Judge Senior Division, Alibag, Mahad in Land Reference No. 10 of 2006.

2.

Learned Advocate appearing on behalf of the Applicant stated that they will deposit the entire amount under the said Judgement along with the interest before the Reference Court.

3.

Considering the aforesaid statement, as and by way of ad-interim relief, we direct that the effect, operation, and implementation of the Judgement and Award dated 13th April 2023 shall remain stayed. 4.

The amount under the said Judgment and Award (along with interest) shall be deposited with the Reference Court within 6 weeks from today.

5.

It is made clear that if the amount is not so deposited within the time stipulated, the stay granted by us today shall stand automatically vacated and the Respondents shall be at liberty to execute the Judgement and Award dated 13th April 2023 in accordance with law. 6.

Since this is the only ad-interim relief granted, and that too without hearing the Respondent Nos. 1A and 1B, we direct the Registry to issue notice to the Respondent Nos. 1A and 1B, returnable on 01 st August 2025. Humdast is permitted.

7.

Learned AGP waives notice on behalf of Respondent No. 2 and Respondent No. 3.

8.

In addition to the Court notice, Advocates for the Applicant are permitted to serve Respondent Nos. 1A and 1B with the papers and proceedings of the above Appeal as well as copy of the above Interim Application along with copy of this order by private notice as well. 9.

Stand over to 01st August 2025.

10.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]