Bombay High Court
TAPI IRRIGATION DEVELOPMENT CORPONversusLAXMAN ZIPARU GAWALI
- Disposal
- DISMISSED
- Bench
- SANJAY A DESHMUKH
Holding
The court granted a stay of execution of the impugned judgment and award until the appeal is decided.
Summary
The High Court of Bombay, Aurangabad bench, dealt with two civil applications filed in 2006. In Application No. 10101, TAPI Irrigation Development Corporation sought relief against Laxman Ziparu Gawali, but the applicant’s counsel was absent, leading to dismissal for default. In Application No. 6483, the Special Land Acquisition Officer and another respondent sought a stay of execution of an impugned judgment and award concerning the same respondent. The Attorney General for the State submitted that the full amount awarded had already been deposited with the court. The court, after considering the deposit, granted a stay of the judgment and award until the pending appeal is decided, and disposed of the application. The other application was dismissed for lack of representation.
Issues considered
- Whether a stay of execution of the impugned judgment and award should be granted pending the appeal.
- Whether an application can be dismissed for default due to the applicant’s absence.
Subjects
- stay of execution
- land acquisition
- civil application
- default dismissal
- appeal pendency
- high court
Judgment
2026:BHC-AUG:10341-DB
1 19-ca.6483.06.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
19 CIVIL APPLICATION NO. 6483 OF 2006
IN FA/1355/2005
SPECIAL LAND ACQ OFFICER AND ANR
VERSUS
LAXMAN ZIPARU GAWALI
...
AGP for Applicant / State : Mr. S. B. Jadhav.
Advocate for Respondent : Mr. Simon Awhad, h/f Mr. V. D. Gunale.
WITH
CIVIL APPLICATION NO. 10101 OF 2006
IN FA/1355/2005
TAPI IRRIGATION DEVELOPMENT CORPON
VERSUS
LAXMAN ZIPARU GAWALI
...
Advocate for Applicant : Mr. M. S. Deshmukh. (Absent)
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 09th March, 2026.
P.C.:
1 Heard the learned AGP and the learned counsel for the claimant.
Perused the applications.
CIVIL APPLICATION NO. 10101 OF 2006
2 The learned counsel for the applicant / acquiring body is absent.
The application is dismissed for default.
CIVIL APPLICATION NO. 6483 OF 2006
3 This is an application seeking stay to the execution of the
impugned judgment and award.
2 19-ca.6483.06.odt
4 The learned AGP submits that the entire amount as per the
impugned judgment and award is deposited in this Court.
5 In view of the above, there shall be stay to the impugned
judgment and award till the pendency of the appeal. The application
stands disposed of.
[ SANJAY A. DESHMUKH, J. ]
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