THE EXECUTIVE ENGINEER v. SHRI.KACHARU TULA KATODI SINCE DECEASED THROUGH LEGAL HEIRS. AND ORS.
IA/816/2019 · 2025-10-16
Shri Rajesh S Patil
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78273 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78273 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Diksha Rane 33 FA(ST) 262452019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 26245/2019 WITH INTERIM APPLICATION NO. 816/2019 WITH INTERIM APPLICATION NO. 817/2019 IN FIRST APPEAL (ST) NO. 26245/2019 THE EXECUTIVE ENGINEER ..APPELLANT VS SHRI.KACHARU TULA KATODI SINCE DECEASED THROUGH LEGAL HEIRS & ORS. ..RESPONDENTS ------------ Mr. Mahesh Pawar i/b. Ms. Chaitrali Deshmukh for appellant/applicant. Mr. A. R. Patil, Addl. G.P. for respondent nos. 11 and 12. Ms. Pranita P. Hingmire, for respondent nos. 3 to 6, 7-1 to 7-7, 8, 9-B- 1 to 9B-2, 9-C, 9-D, 10-1 to 10-6. ------------
CORAM :
RAJESH S. PATIL, J.
DATE :
16 OCTOBER 2025.
P.C. :
INTERIM APPLICATION NO. 816/2019 IN
FIRST APPEAL (ST) NO.
26245/2019:-
1. This application is filed for seeking condonation of delay in filing the first appeal.
2. Ms. Hingmire, learned counsel for the respondents has no objection, if the present application is allowed, in view of the order of this Court in First Appeal (St) No.30960/2019 and First Appeal (St) 1 2025:BHC-AS:45364
Diksha Rane 33 FA(ST) 262452019.doc No.26247/2019 and the matter is taken for final hearing.
3. The application is allowed in terms of prayer clause (b) and
disposed of accordingly.
INTERIM APPLICATION NO. 817/2019 IN
FIRST APPEAL (ST) NO.
26245/2019:-
4. This application is filed for seeking stay to the execution of the
judgment and award dated 28 February 2018.
5. Mr. Pawar appearing for the Acquiring Body submits that the entire award amount has been deposited by the State before the Reference Court and the claimant has withdrawn 50% of the said amount.
6. In view of the same, the application is allowed in terms of prayer clause (b) and disposed of accordingly.
FIRST APPEAL (ST) NO. 26245/2019:-
7. Heard learned counsel for the appellant.
8. Admit.
9. The appellants to file private paper-book within six months from today. A copy of the same to be served on other side.
10. Soft copy of R & P be sent by the trial Court to the High Court within 4 weeks from today. Original R & P should be preserved by the 2
Diksha Rane 33 FA(ST) 262452019.doc trial Court till further orders of this Court. Original R & P to be sent to the High Court when called for.
11. Parties to file a compilation of documents, short synopsis along with their preposition of law and authorities relied upon by them within one week from today.
12. The hearing of the First Appeal is expedited. (Rajesh S. Patil, J.) 3 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 16/10/2025 19:05:22