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2025 DAILYLAW 33255 (BOM)

SARJERAO DEVIDAS DESHMUKH v. THE EXECUTIVE ENGINEER, IRRIGATION DIV., BEED AND ANR

CA/663/2025 · 2025-02-28

Shri Rohit W Joshi

body2025

Judgment text

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1 920-ca-663-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 663 OF 2025 IN FA/1871/2023 Sarjerao Devidas Deshmukh VERSUS The Executive Engineer, Irrigation Div., Beed And Anr ... Mr. N. P. Bangar, Advocate for Applicant Mr. S. P. Joshi, AGP for Respondent-State Mr. S. G. Bhalerao, Advocate for Respondent No.1 ... WITH CIVIL APPLICATION NO. 5473 OF 2023 IN FA/1871/2023 ….. CORAM : ROHIT W. JOSHI, J. Dated : 28TH FEBRUARY, 2025 PER COURT :- FA/1871/2023 . Heard. 2. Admit. 3. Call Record and Proceeding. 4. Issue notice to respondents. Learned AGP waives service of notice for respondent No.2. learned Advocate appearing for respondent waives service of notice for respondent/original claimant. 2 920-ca-663-2025 CIVIL APPLICATION NO. 5473 OF 2023 . Since the amount of 50% as directed vide earlier order granting ad-interim-stay to execution of interim judgment and award is deposited, the ad-interim-stay stands confirmed and shall operate till final disposal of the appeals, subject to right of the respondent/land owner to move application for withdrawal of amount. CIVIL APPLICATION NO. 663 OF 2025 . The execution of impugned judgment and award has been stayed, subject to condition that 50% of the amount as awarded by the learned Reference Court is deposited with this Court alongwith accrued interest. The appellant/Acquiring Body has complied with the said condition. 2. In similar matters, the entire 50% amount as deposited and accrued interest is permitted to be withdrawn by the respondents/land owners on furnishing usual undertaking. 3. In that view of the matter, the present Civil Application is allowed, allowing the respondents/land owners to withdraw the amount deposited alongwith accrued interest on furnishing usual undertaking. ( ROHIT W. JOSHI, J ) Rushikesh/2025