Executive Engineer, Nandur ... vs Govind Laxman Sable Decased Thr. ...
2022 Latest Caselaw 6728 Bom

                                                        1/3          515-ia-144-2020 in fast-246-2020 @ 517-ia-
                                                                                 234-2020 in fast-421-2020.doc


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                        INTERIM APPLICATION NO. 144 OF 2020
                                                         IN
                                          FIRST APPEAL (ST) NO. 246 OF 2020

                     Executive Engineer, Nandur
                     Madhyameshwar Project                                 ...Applicant
                                  Vs.
                     Govind Laxman Sable (Decd) through
                     LRs. Kacharu Govind Sable and Ors.                    ...Respondents

        Digitally
        signed by                                      WITH
MAMTA   MAMTA
AMAR
        AMAR KALE
        Date:
                                        INTERIM APPLICATION NO. 234 OF 2020
KALE    2022.07.19
        10:34:27
        +0530
                                                         IN
                                          FIRST APPEAL (ST) NO. 421 OF 2020

                     Executive Engineer, Nandur
                     Madhyameshwar Project                                 ...Applicant
                                  Vs.
                     Kacharu Tukaram Shirsat and Ors.                      ...Respondents

                                                        .....

                     Ms. Chaitrali Deshmukh, for the Applicant.
                     Mr. N. B. Patil, AGP for the Respondent No.6 / State.
                                                        .....

                                              CORAM : SHRIKANT D. KULKARNI, J.

                                              DATE : 15 JULY, 2022


                     Mamta Kale
                                        2/3         515-ia-144-2020 in fast-246-2020 @ 517-ia-
                                                               234-2020 in fast-421-2020.doc


P.C.

.            Not on board. Taken on board at the request of the learned
counsel for the Applicant / Appellant.


2.           It is an application for stay moved by the Applicant /
Appellant.


3.           Heard Ms. Chaitrali Deshmukh, learned counsel for the
Applicant / Appellant and Mr. N. B. Patil, learned AGP for the
Respondent No.6 / State.


4.           In order to protect legal interest of the Appellant involved
in the subject matter, it would be appropriate to grant interim stay
on condition of depositing entire decreetal amount with the
Reference Court.


5.           Having regard to the submissions of Ms. Chaitrali
Deshmukh, learned counsel for the Applicant / Appellant, I
proceed to pass the following order.
                                   ORDER

(i) The operation and execution of the impugned judgment and award passed in L.A.R. No.10/2010 and L.A.R. No.226/2010 by the Reference Court, learned Civil Judge, Senior Division, Nashik, are hereby stayed till final decision of the appeal, on condition that Appellant Mamta Kale 3/3 515-ia-144-2020 in fast-246-2020 @ 517-ia-

234-2020 in fast-421-2020.doc

shall deposit entire decreetal amount with accrued interest thereon, with the Reference Court/ learned Civil Judge, Senior Division, Nashik, within three months from today.

(ii) Inform to concerned Civil Court / Reference Court accordingly.

(iii) In case of failure on the part of Appellant / Applicant to deposit entire decreetal amount as directed by this Court, the interim stay granted by this Court shall stand vacated.

(iv) List the matter after three months for compliance of this order.

Stand over to 17 October 2022 alongwith FAST/418/2020.

(SHRIKANT D. KULKARNI, J.)

Mamta Kale