The Collector, Jalgaon Dist. ... vs Fulabai Tarachand Banwat (Died) ...
2023 Latest Caselaw 759 Bom

                                                                 923-FIRST APPEAL NO.83 OF 2023.odt



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                                FIRST APPEAL NO.83 OF 2023
                                          WITH
                                CA/3348/2021 IN FA/83/2023
                                          WITH
                                CA/13779/2022 IN FA/83/2023

       THE COLLECTOR JALGAON, DIST. JALGAON AND OTHERS
                           VERSUS
FULABAI TARACHAND BANWAT (DIED), PARVATABAI (DIED) THROUGH LRS.
                   PREMCHAND AND OTHERS

                                        .....
                    APP for Appellants - State : Mr. A. M. Phule
              Advocate for Respondent Nos.1 to 5 : Ms. Sakshi Ajit Kale
                                        .....

                                      CORAM : SMT. VIBHA KANKANWADI AND
                                              ABHAY S. WAGHWASE, JJ.

DATED : 20th JANUARY 2023

PER COURT :

1. Heard learned APP for the appellant.

2. Since arguable points are made, admit.

3. We would like to state that Civil Application No.3348 of 2021 was

filed by the appellant for stay to the impugned judgment and decree and this

Court by order dated 18th March 2021 passed an order that the execution

proceedings for execution of the judgment and award dated 30.09.2019 be

kept in abeyance, subject to applicants depositing 50% amount of award

within a period of eight weeks. That means it was the conditional order. It

also appears that the said order has not been complied with.

923-FIRST APPEAL NO.83 OF 2023.odt

4. Under such circumstance, there is no stay to the impugned

judgment and award. In fact, there was no occasion for the original claimants

to file Civil Application No.13779 of 2022 for vacating the interim relief. At no

subsequent point of time after eight weeks the appellant - State has not prayed

that the said order dated 18.03.2021 be extended and therefore, in view of the

fact that order is not complied with. Civil Application No.3348 of 2021 stands

disposed of. So also, Civil Application No.13779 of 2022 stands disposed of.

5. Call Record and Proceedings.

6. To be listed after receipt of Record and Proceedings.

(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.)

Tandale/-