mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2732 of 2007 IN FIRST APPEAL NO.808 of 1998 Mr.Awaji Bhau Thakare .. Appellant versus The State of Maharashtra .. Respondent ... Mr.R.M. Pethe for the applicant. CORAM : D.G. KARNIK, J DATED : 18th November 2008 P.C.: 1. By this application, the applicant prays for dismissal of the appeal bearing First Appeal no.808 of 1998. Learned counsel for the applicant states that the compensation has not been deposited by the opponent and therefore, appeal should be dismissed. 2. By an order dated 9th September 1998, the Court has unconditionally admitted the appeal. The appeal which has ben unconditionally admitted cannot be dismissed on the ground of non payment of the decree/award. If at all there is no stay, the claimant is free to execute the award. With this observation, application is dismissed. (D.G. KARNIK, J)