Bombay High Court
M S E BversusLAXMINARAYAN RAGHUNATH KARVA 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 appeal is decided.
Summary
The appellant, Rameshwar Rambilas Somani (deceased) and others, filed applications seeking a stay of execution of an impugned judgment and award against the State of Maharashtra. The learned counsel for the appellant asserted that the entire amount awarded had already been deposited with the Court. The Court considered whether a stay should be granted pending the resolution of the appeal. Relying on the fact of deposit and the pending appeal, the Court ordered that the execution of the judgment and award be stayed until the appeal is finally decided. Consequently, the applications for stay were disposed of in the appellant's favour. The Court also listed the pending appeals for hearing on 11th March 2026.
Issues considered
- Whether a stay of execution of the impugned judgment and award should be granted pending the appeal
Subjects
- stay of execution
- appeal
- civil application
- High Court
- judgment and award
Judgment
1 17 fa.1219.04.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
17 FIRST APPEAL NO. 1219 OF 2004
RAMESHWAR RAMBILAS SOMANI SINCE DECEASED LRS AND ORS
VERSUS
STATE OF MAHARASHTRA AND ANR
...
Advocate for Appellant : Mr. N. S. Raole, h/f Mr. S. V. Dixit.
Advocate for Appellant (in FA/1126/2004): Pranit P. Patni, h/f Mr. A. S. Bajaj.
Advocate for Respondent No.1 (in FA/1125/2004) : Mr. Devdatt P. Palodkar.
Advocate for Respondents (in FA/1128/2004) : Ms. Sakshi Katneshwarkar.
AGP for Respondent / State : Mr. S. G. Joshi.
...
WITH
FIRST APPEAL NO. 1126 OF 2004
WITH
FIRST APPEAL NO. 1123 OF 2004
WITH
FIRST APPEAL NO. 1122 OF 2004
WITH
FIRST APPEAL NO. 1125 OF 2004
WITH
FIRST APPEAL NO. 1133 OF 2004
WITH
FIRST APPEAL NO. 1128 OF 2004
WITH
CIVIL APPLICATION NO. 6882 OF 2004
IN FA/1133/2004
WITH
FIRST APPEAL NO. 1134 OF 2004
WITH
FIRST APPEAL NO. 1124 OF 2004
WITH
CIVIL APPLICATION NO. 6879 OF 2004
IN FA/1130/2004
WITH
FIRST APPEAL NO. 1130 OF 2004
WITH
FIRST APPEAL NO. 1129 OF 2004
WITH
FIRST APPEAL NO. 1131 OF 2004
WITH
CIVIL APPLICATION NO. 9528 OF 2005
IN FA/1130/2004
2 17 fa.1219.04.odt
WITH
CIVIL APPLICATION NO. 4528 OF 2006
IN FA/1133/2004
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 09th March, 2026.
P.C.:
1 Heard the learned counsel for the parties. Perused the
applications.
Applications for stay:
2 These are applications seeking stay to the execution of the
impugned judgment and award.
3 The learned counsel for the appellant submits that the entire
amount as per the impugned judgment and award is deposited in this
Court.
4 In view of the above, there shall be stay to the impugned
judgment and award till the pendency of the appeal. The applications
for stay stand disposed of.
CIVIL APPLICATION NO.9528 / 2005 & CIVIL APPLICATION NO.4528 / 2006
5 In view of the order passed in the civil applications for stay, these
applications are allowed and disposed of.
Appeals:
6 List all the appeals on 11th March, 2026, first in 02:30 pm
category.
[ SANJAY A. DESHMUKH, J. ]
nga
Checking your session…