1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.227 OF 2010 IN FIRST APPEAL NO.194 OF 2009 Municipal Council Parali (V), Through its Chief Officer, Tq-Parali, Dist-Beed. ...APPLICANT. VERSUS 1) Rangnath s/o Rambhau Bansode (Mali), R/o-Parali, Dist-Beed. 2) The State of Maharashtra, Through Collector, Beed. ...RESPONDENTS. ... Shri.P.V. Barde Advocate h/f. R.V. Naiknavare Advocate for for Applicant. Shri. V.D. Salunke Advocate i/b. Shri. G.V. Mohekar Advocate for Respondent No.1. Shri.V.H. Dighe, A.G.P. for Respondent No.2. ... CORAM: NARESH H. PATIL AND N.D. DESHPANDE, JJ. DATE : 30TH APRIL, 2010. 2 PER COURT : 1. Heard learned counsel for the parties. 2. We have perused the Order passed by this Court on 26th March, 2009 in Civil Application No. 8997 of 2008. Admittedly the Appellant Municipal Council, Parali Vaijnath failed to comply with clause No.7 of the said Order. This Court stayed the execution of the award subject to Appellant's depositing 25% of the entire compensation amount in this Court within a period of eight weeks. By filing Civil Application No.3695 of 2010, the Municipal Council prayed for stay of the award. The learned counsel for the Municipal Council argued that he may be permitted to deposit an amount of Rs.71,65,115/- in this Court subject to grant of stay to the execution of the award. In the light of the facts and circumstances of the case, learned counsel Shri Salunke submits that execution proceedings have proceeded ahead and certain orders are also passed therein. 3 3. In this view of the matter, we are not inclined to accept the plea of the Applicants. 4. Learned counsel Shri V.D. Salunke appearing for Respondent No.1 submits that he may be relieved from the statement made as recorded in the Order dated 27th January, 2010. The counsel is relieved from the statement made. 5. Learned counsel Shri Barde at this stage, submits that liberty be granted to the Applicant to challenge the order passed by the Executing Court. Applicant is entitled to pursue the remedies as permissible in law. Civil Application is rejected. [N.D. DESHPANDE, J.] [NARESH H. PATIL, J.] asb/APR10/ca227.10