Bombay High Court

STATE OF MAHAversusBHAGWAT VISHWANATH PATIL DIED LRS and ORS

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

Holding

A stay of execution was granted pending the pendency of the appeal.

Summary

The State of Maharashtra filed a civil application seeking a stay of execution of a judgment and award dated 2004 against Bhagwat Vishwanath Patil. The learned Additional Government Pleader (AGP) submitted that the entire amount awarded had already been deposited with the court. Relying on this deposit, the AGP argued that the execution should be stayed pending the outcome of the appeal. The Court considered whether a stay was warranted under these circumstances. It held that, given the deposit, a stay was appropriate to preserve the status quo until the appeal is decided. Consequently, the application for stay was disposed, with the stay remaining in effect until the appeal is finally heard.

Issues considered

Whether a stay of execution should be granted pending the appeal?

Subjects

stay of execution
appeal
civil application
high court
deposit of judgment amount

Judgment

                                              1                                16.odt


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                           BENCH AT AURANGABAD.
                         16 FIRST APPEAL NO. 973 OF 2004

                              STATE OF MAHARASHTRA
                                        VERSUS
                            BHAGWAT VISHWANATH PATIL
                                           ...
      AGP for Appellant / State : Ms. Anuradha. S. Mantri.
      Advocate for Claimants : Mr. Krishna G. Narwade, h/f Mr. A. B. Kale.
                                           ...
                                      WITH
                       CIVIL APPLICATION NO. 8404 OF 2004
                                  IN FA/973/2004
                                        ...


                                       CORAM : SANJAY A. DESHMUKH, J.
                                       DATE       :   09th March, 2026.

      P.C.:
      Application for stay:
      1       This is an application seeking stay to the execution of the
      impugned judgment and award filed in the year 2004.

      2       The learned AGP submits that the entire amount as per the
      impugned judgment and award is deposited in this Court.

      3       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.


      Appeal:
      4       List the appeal for final hearing on 12th March, 2026, high on
      board.


                                              [ SANJAY A. DESHMUKH, J. ]
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