Executive Engineer, Bhama Askhed ... vs Shri.Pandurang Kondiba Shivekar ...
2022 Latest Caselaw 3743 Bom

                                                    501-FA-221-2022-222-2022-223-2022-224-2022.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                     CIVIL APPELLATE JURISDICTION

                                      FIRST APPEAL NO.221 OF 2022
                                                 WITH
                                  INTERIM APPLICATION NO.459 OF 2022
                                                  IN
                                      FIRST APPEAL NO.221 OF 2022

                     EXECUTIVE ENGINEER                              )
                     BHAMA ASKHED PROJECT                            )...APPELLANT

                           V/s.

                     PANDURANG KONDIBA SHIVEKAR                  )
                     (since deceased through legal heirs) & ORS. )...RESPONDENTS


                                                WITH

                                      FIRST APPEAL NO.222 OF 2022
                                                 WITH
                                  INTERIM APPLICATION NO.466 OF 2022
                                                  IN
                                      FIRST APPEAL NO.222 OF 2022

                     EXECUTIVE ENGINEER                              )
                     BHAMA ASKHED PROJECT                            )...APPELLANT


                           V/s.

                     SATU JIJABA SHIVEKAR (since deceased            )
                     through legal heirs) AND OTHERS                 )...RESPONDENTS

        Digitally
        signed by
                                                WITH
        ARTI
ARTI    VILAS
VILAS   KHATATE
KHATATE Date:        AVK                                                                  1/4
        2022.04.08
        11:33:34
        +0530
                                 501-FA-221-2022-222-2022-223-2022-224-2022.doc




                 FIRST APPEAL NO.223 OF 2022
                            WITH
             INTERIM APPLICATION NO.464 OF 2022
                             IN
                 FIRST APPEAL NO.223 OF 2022

EXECUTIVE ENGINEER                               )
BHAMA ASKHED PROJECT                             )...APPELLANT


      V/s.

TUKARAM NAMDEO THOMBARE & OTHERS )...RESPONDENTS


                              WITH

                 FIRST APPEAL NO.224 OF 2022
                            WITH
             INTERIM APPLICATION NO.462 OF 2022
                             IN
                 FIRST APPEAL NO.224 OF 2022

EXECUTIVE ENGINEER                               )
BHAMA ASKHED PROJECT                             )...APPELLANT


      V/s.

RAJARAM RAGHU SHIVEKAR AND OTHERS )...RESPONDENTS


Ms.Chaitrali Deshmukh, Advocate for the Appellant/Applicant in
all First Appeals.
Mr.Rahul Soman i/b. Mr.Shriraj Wakale, Advocate for Respondent
No.16 in all First Appeals.

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                                     501-FA-221-2022-222-2022-223-2022-224-2022.doc




Mr.A.R.Patil, AGP for the State in all First Appeals.


                         CORAM      : BHARATI DANGRE, J.

                         DATE       : 6th APRIL 2022

P.C. :



1        All the four appeals are taken up on production board on

account of the exigency expressed by the learned advocate

Ms.Chaitrali Deshmukh appearing for the appellant.

2 The exigency being that by an order dated 3 rd February

2022, while directing the appeals to be numbered, stay was

granted in view of the judgment and award passed in distinct

Land Reference cases, subject to the appellant depositing the

entire decretal amount of award before the trial Court within a

period of eight weeks. It was also made clear that if the decretal

amount is not deposited within eight weeks, the stay shall stand

vacated automatically.

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3 Request is made on behalf of the Executive Engineer i.e. the

appellant, to extend the time for depositing the amount by a

further period of two weeks on account of the fact that he was

unable to arrange for the same since the financial year was

coming to an end.

4 Considering the request, I deem it expedient to grant the

extension as prayed for. It is, however, clarified that the

extension shall operate for a further period of two weeks from

today. If the amount is not deposited within the extended period,

stay shall stand vacated and it is also made clear that no further

application either for continuation of the stay or for extension of

period for depositing the amount, shall be entertained by this

Court.

                                   (BHARATI DANGRE, J.)




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