Order caf 3285.2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Civil Application (CAF) No. 3285 of 2026 in First Appeal No. 631 of 2021 [V.I.D.C. through the Executive Engineer, Nimna Wardha Project Division, Wardha vs. Shankar S/o Motiram Wange (Dead) through legal heirs Smt. Sushila Wd/o Shankar 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(A) to 1(D) Mr. A. M. Kukday, Advocate for the appellant Mr. N. R. Patil, A. G. P. for the State/non-applicant nos. 2 to 4 CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. DATE : 21-08-2026. By present application, the applicants – respondent nos. 1(A) to 1(D) in the appeal are seeking to vacate the interim relief granted by this Court vide order dated 2-12-2021 and order confirming interim relief on 23-11-2022. We have perused both the orders. By order dated 2-12-2021, the Court was pleased to grant stay to the impugned judgment and award subject to depositing 50% enhanced compensation awarded by the Reference Court. Thereafter, when the matter was listed before the Court on 23-11-2022, the Court noted, on the basis Order caf 3285.2026.odt 2 of praecipe filed by the appellant so also by believing what is stated in the praecipe and communication annexed with it, that the appellant has deposited amount of Rs. 2,22,48,796/- with the Civil Court, which is more than 50% of the enhanced compensation. Accordingly, Court observed that the condition in the interim order stood complied with. Learned counsel for the applicants submits that 50% amount of the enhanced compensation would come to around Rupees Six Crores and odd amount, which the appellant has not deposited till today. If what is stated by the applicants is true, then it is known to the applicants as also the appellant that the order dated 2-12-2021 by which stay was granted upon a condition of depositing 50% enhanced compensation has been not complied with. That being so, both the parties are aware that there is no stay to the impugned judgment and award. In the circumstances, there appears no reason why should applicants file the application seeking to vacate the stay. The parties shall act accordingly and take necessary steps. The application is disposed of in terms of above. Civil Application (CAF) No. 3286 of 2026 To be heard at the time of final hearing, if required. Order caf 3285.2026.odt 3 Civil Application (CAF) No. 3287 of 2026 This application will be considered on next date. First Appeal No. 631 of 2021 Stand over to 11-9-2026. List along with First Appeal Nos. 632/2021, 641/2021 and 190/2024. (JUDGE) (JUDGE) wasnik Signed by: Mr. A. Y. Wasnik Designation: PS To Honourable Judge Date: 21/08/2026 19:05:46