The Executive Engineer, ... vs Mr. Sudhakar Popat Gade Died ...
2022 Latest Caselaw 13485 Bom

                                                   7-CAF-1640-19.doc

Chaitali
              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                    CIVIL APPLICATION NO. 2059 OF 2019
                                       IN
                    FIRST APPEAL (St.) NO. 31817 OF 2018



      The Executive Engineer, Nandur              ...Applicant/
      Madhameshwar Project                        Appellant

           Versus

      Sudhakar Popat Gade (since deceased)        ...Respondents
      through L.RS. & Ors.

                                   WITH
                    CIVIL APPLICATION NO. 1681 OF 2019
                                       IN
                    FIRST APPEAL (St.) NO. 32616 OF 2018
                                   WITH
                    CIVIL APPLICATION NO. 1857 OF 2019
                                       IN
                    FIRST APPEAL (St.) NO. 32619 OF 2018
                                   WITH
                    CIVIL APPLICATION NO. 1818 OF 2019
                                       IN
                    FIRST APPEAL (St.) NO. 32622 OF 2018
                                   WITH
                    CIVIL APPLICATION NO. 1847 OF 2019
                                       IN
                    FIRST APPEAL (St.) NO. 32625 OF 2018


                                       1/5
                                7-CAF-1640-19.doc

               WITH
CIVIL APPLICATION NO. 1843 OF 2019
                IN
FIRST APPEAL (St.) NO. 32628 OF 2018
               WITH
CIVIL APPLICATION NO. 1849 OF 2019
                IN
FIRST APPEAL (St.) NO. 32631 OF 2018
               WITH
CIVIL APPLICATION NO. 1676 OF 2019
                IN
FIRST APPEAL (St.) NO. 32634 OF 2018
               WITH
CIVIL APPLICATION NO. 1845 OF 2019
                IN
FIRST APPEAL (St.) NO. 32640 OF 2018
               WITH
CIVIL APPLICATION NO. 1839 OF 2019
                IN
FIRST APPEAL (St.) NO. 32643 OF 2018
               WITH
CIVIL APPLICATION NO. 1851 OF 2019
                IN
FIRST APPEAL (St.) NO. 32646 OF 2018
               WITH
CIVIL APPLICATION NO. 1855 OF 2019
                IN
FIRST APPEAL (St.) NO. 32649 OF 2018
               WITH
CIVIL APPLICATION NO. 1640 OF 2019


                2/5
                                7-CAF-1640-19.doc

                IN
FIRST APPEAL (St.) NO. 32652 OF 2018
               WITH
CIVIL APPLICATION NO. 1816 OF 2019
                IN
FIRST APPEAL (St.) NO. 32655 OF 2018
               WITH
CIVIL APPLICATION NO. 1837 OF 2019
                IN
FIRST APPEAL (St.) NO. 32658 OF 2018
               WITH
CIVIL APPLICATION NO. 1820 OF 2019
                IN
FIRST APPEAL (St.) NO. 32661 OF 2018
               WITH
CIVIL APPLICATION NO. 1835 OF 2019
                IN
FIRST APPEAL (St.) NO. 32664 OF 2018
               WITH
CIVIL APPLICATION NO. 1814 OF 2019
                IN
FIRST APPEAL (St.) NO. 32667 OF 2018
               WITH
CIVIL APPLICATION NO. 2109 OF 2019
                IN
FIRST APPEAL (St.) NO. 32673 OF 2018
               WITH
CIVIL APPLICATION NO. 1841 OF 2019
                IN
FIRST APPEAL (St.) NO. 32676 OF 2018


                3/5
                                                   7-CAF-1640-19.doc



                                WITH
           CIVIL APPLICATION (St.) NO. 32639 OF 2018
                                   IN
              FIRST APPEAL (St.) NO. 32637 OF 2018
                                WITH
           CIVIL APPLICATION (St.) NO. 32672 OF 2018
                                   IN
              FIRST APPEAL (St.) NO. 32670 OF 2018


Mrs. Chaitrali A. Deshmukh for the Appellants.
Mr. Pritesh Bohade for Applicants/Claimants/Respondents in FA.
Ms. Tanaya Goswami, AGP for Respondent-State


                                ----------
                        CORAM :         R.I. CHAGLA J
                         DATE       :   22ND DECEMBER, 2022
ORDER :

1. By these Civil Applications, the Applicant is seeking stay

on the effect, operation and implementation of the judgment and

award dated 17th October 2014 passed in L.A.R. No.95 of 2004 to

L.A.R. No.116 of 2004 by the Civil Judge, Senior Division, Nashik.

2. The learned Counsel for the Applicant had undertaken to

deposit the entire amount before the reference Court as per the

award within a period of eight weeks. Statement was accepted.

7-CAF-1640-19.doc

Thereafter, the Applicant has deposited the entire amount before the

Reference Court as per the award. Accordingly, ad-interim stay which

was granted on the execution of impugned judgment and award by

the order of this Court dated 18th June 2019 and which stay operated

till the next date, is required to be confirmed.

3. The Respondents have been issued notice and has

appeared through their Advocate. Hence, following order is passed:

i. Pending the hearing and final disposal of the First Appeals,

there shall be stay on the effect, operation and

implementation of the judgment and award dated 17 th

October 2014 passed in L.A.R. No.95 of 2004 to L.A.R.

No.116 of 2004 by the Civil Judge, Senior Division, Nashik.

ii. The Civil Applications are accordingly disposed of.

[R.I. CHAGLA J.] Digitally signed by WAISHALI SUSHIL WAISHALI WAGHMARE SUSHIL WAGHMARE Date:

2022.12.23 17:17:46 +0530