Bombay High Court

M.S.E.B.THRU EX.ENGG.BHUSAWALversusSHAMRAO MANGO SURALKAR AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The Court granted a stay of execution of the impugned judgment and award until the appeals are disposed.

Summary

The petitioners filed civil applications (Nos. 2961/1998 and 2955/1998) seeking a stay of execution of a judgment and award that had been rendered against them. They contended that the entire amount ordered by the impugned judgment had already been deposited with the court. Relying on this submission, they requested that execution be stayed pending the resolution of the pending appeals. The Court examined the claim of deposit and found no reason to deny the stay. Consequently, the Court ordered a stay of the judgment and award until the appeals are finally decided and disposed of the applications.

Issues considered

Whether a stay of execution should be granted pending the final determination of the appeals.

Subjects

stay of execution
civil application
appeal
judgment
award
deposit of money

Judgment

                                            929 FA NO. 580 OF 1998.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
               929 FIRST APPEAL NO. 580 OF 1998

                     M.s.e.b.thru Ex.engr.jalgaon
                               VERSUS
                  Shamrao Mango Suralkar And Anr.
                                  ...
Mr. Aniket V. Wadwale h/for Mr. Gaikwad Anil M., Advocate for
Appellant
Mr. D. J. Patil, AGP for Respondents/State
                                WITH
               FIRST APPEAL NO. 3946 OF 2016 WITH
               FIRST APPEAL NO. 1037 OF 2020 WITH
               CIVIL APPLICATION NO. 2961 OF 1998
                        IN FA/580/1998 WITH
                FIRST APPEAL NO. 572 OF 1998 WITH
               CIVIL APPLICATION NO. 2955 OF 1998
                           IN FA/572/1998
                                  ….

                   CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 17.01.2026
PER COURT :-

             CIVIL APPLICATION NO. 2961 OF 1998
                       IN FA/580/1998
             CIVIL APPLICATION NO. 2955 OF 1998
                        IN FA/572/1998


1.          These are the applications seeking stay to the

execution of the impugned judgment and award.


2.          The learned advocate for the applicant / appellant

submits that the entire amount as per the impugned judgment and

award is deposited in this Court.

                                                             1 of 2
                                      (( 2 ))      929 FA NO. 580 OF 1998


3.             In view of the above, there shall be stay to the impugned

judgment and award till the pendency of the appeals.                        The

applications are disposed of.



IN FIRST APPEALS


.          Issue notice of final hearing to the respondent-the acquiring

body and to the claimants in all appeals, returnable on 06.02.2026.




                                    [ SANJAY A. DESHMUKH, J. ]
HRJadhav




                                                                      2 of 2

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