Bombay High Court

M.K.V.D.C., THR EX. ENGINEER, IRRIGATION PROJECT STRENGTHENING DIV. OMERGAversusSUDHAKAR YESHWANT MANE AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The stay granted earlier is made absolute and execution of the impugned judgment and award shall remain stayed until the first appeal is disposed.

Summary

M.K.V.D.C., a former engineer, filed a civil application seeking a stay of execution of a judgment and award against the respondents. The applicant argued that the acquiring body had deposited the required amount following a prior order of this Court. The court considered the deposit and the applicant's request to make the earlier stay absolute. It ordered that the stay granted earlier be made absolute and that execution of the impugned judgment and award remain stayed until the first appeal is decided. Additionally, the court extended the time allowed for the applicant to carry out a previously granted amendment by four weeks and disposed of the application in the applicant's favour.

Issues considered

Whether the stay of execution previously granted should be made absolute pending the disposal of the first appeal

Subjects

stay of execution
civil application
amendment
appeal
high court

Judgment

2026:BHC-AUG:42293



                                                       1
                                                                      963 CA 1034 OF 2022

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 963 CIVIL APPLICATION NO. 1034 OF 2022
                                             IN FA/1182/2022

                       M.K.V.D.C., THR EX. ENGINEER, IRRIGATION PROJECT
                                   STRENGTHENING DIV. OMERGA
                                               VERSUS
                                SUDHAKAR YESHWANT MANE AND ORS
                                                  ...
                     Mr. Ganesh R. Jadhav h/f. Mr. A. S. Shelke, Advocate for
                     Applicant
                     Mr. S. P. Sonpawale, AGP for Respondent Nos.2 and 3-State
                                                  …

                                             CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 11th September 2026

                     P.C. :-

                     .         Learned Advocate for the applicant submits that
                     pursuant to the order passed by this Court, the acquiring body
                     has deposited the amount.

                     2.        In view of this, stay granted earlier is made absolute.
                     The execution and operation of the impugned judgment and
                     award shall stand stayed till disposal of the first appeal.

                     3.        Civil Application is allowed and disposed of accordingly.

                     4.        Time to carry out amendment granted earlier is
                     extended by four weeks from today in Civil Application for
                     stay as well.


                                                           ( AJIT B. KADETHANKAR, J. )
                     PRW

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