Order caf 364.2024.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Civil Application (CAF) No. 364 of 2024 in First Appeal St. No. 12289 of 2019 [V.I.D.C. through the Executive Engineer, Lower Wardha Project, Wardha vs. Keshav S/o Ganpatrao Wange and ors.] --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders. --------------------------------------------------------------------------------------------------------------------------------- Mr. S. D. Chopde, Advocate for the applicant/original respondent no. 1 Mr. V. V. Dahat, Advocate for the appellant Mr. A. V. Palshikar, A. G. P. for the State/non-applicant nos. 2 & 3 CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. DATE : 21-08-2026. Heard. By present application, the applicant – respondent no. 1 is seeking direction to the appellant to deposit decreetal amount, which according to him is Rs. 2,41,88,670/-. We have gone through the order dated 15-6-2021 by which stay was granted to the execution of judgment and decree subject to depositing the decreetal amount within three months from the date of order. According to the applicant, the decreetal amount is not deposited. Order caf 364.2024.odt 2 If that be so, the applicant - respondent no. 1 and appellant are aware that the stay does not operate since the order granting stay was subject to certain condition, which according to applicant - respondent no. 1 is not satisfied. In the circumstances, the applicant - respondent no. 1 is at liberty to approach the executing court and justify his stand that since the condition granting stay has been not satisfied and stay does not operate and thus he has right to proceed with the execution. The application is disposed of accordingly. First Appeal No. 190 of 2024 Registry shall list the appeal when it is ready. (JUDGE) (JUDGE) wasnik