948-WP-12634-2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 948 WRIT PETITION NO. 12634 OF 2023 The Executive Engineer Sina Kolegaon Medium Project VERSUS The State Of Maharashtra Through The Collector And Others ….. Mr. Tambe Rahul A, Advocate for the Petitioner Mrs. D. S. Jape, AGP for the Respondents - State Mr. A. S. More, Advocate for Respondent No.3 ….. CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 13.01.2026 PER COURT : 1. Heard the learned Counsel for the respective parties. 2. By way of present petition, the Petitioner assails the order dated 06.10.2023 passed below Exhibit 10 by the CJSD, Paranda, in Special Darkhast No. 13 of 2019, whereby, warrant was issued against the Judgment debtor. 3. Learned Counsel for the Petitioner Mr. Tambe, submits that against the order passed in LAR No. 519 of 2012 and other connected matters, the First Appeals have been filed and the same are pending before the appellate Courts. Pursuant to the order passed in Reference, the petitioner has deposited the entire amount except the interest under Section 28 of the Land Acquisition Act, 1894 (for short “the Act”). Subsequently an application under Order XXI Rule 54 of the CPC was filed by Respondent No. 3/Original Claimant in RD No. 13 of 2019 and the executing Court issued the warrant against the judgment debtor. 1 2026:BHC-AUG:1344 948-WP-12634-2023.odt 4. I have gone through the order passed by the learned executing Court and I have perused the record placed before me, it reveals that entire amount has been deposited except the interest under Section 28 of the Act and only the interest part is assailed in the First Appeal. 5. Considering the fact that this this Court vide its order dated 10.10.2023 granted ad-interim stay to the award passed by the Reference Court and considering that only the interest part is assailed, I am inclined to allow the Writ Petition by the setting aside the order passed by the executing Court. 6. In view thereof the Writ Petition is allowed. The order dated 06.10.2023 passed below Exhibit 10 by the CJSD, Paranda, in Special Darkhast No. 13 of 2019 is quashed and set aside. [SIDDHESHWAR S. THOMBRE, J.] Sameer/January-2026 2