(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 7319 of 2009 (In First Appeal No. 1968 of 2009) Godavari Marathwada Irrigation Development Corporation, Through its Executive Engineer, Latur, Minor Irrigation Division, Latur. .. Applicant. versus 1. Shripad s/o. Hariba Prayag, Age : 65 years, Occupation : Agriculture, R/o. Latur, .. Respondents Taluka & District : Latur. (No.1 - Original claimant 2. The State of Maharashtra, & Through Collector, Latur. Nos.2 & 3 - Original respondent 3. Executive Engineer, nos.1 & 2 ) Irrigation Division, Latur. ....................... Mr. S.G. Sangle, Advocate, for the applicant. Mr. Vivek Bhavthankar, Advocate, for respondent no.1. Mr. D.R. Korde, Advocate, for respondent nos.2 and 3. (2) ........................ CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 16TH FEBRUARY 2010 COURT'S ORDER : 1. This court has admitted the First Appeal filed by the acquiring body, calling in question the legality of the reference award passed in favour of the respondent no.1, enhancing the amount of compensation. 2. This court has already passed ad interim order, granting stay of the execution of the award, as the Counsel for respondent no.1 had sought time. 3. Today, we have heard both the parties. 4. The stay of execution of the award shall be subject to deposit of the entire amount covered by the award passed by the reference court, in this court, within a period of twelve weeks from today, by the appellant. 5. The respondent no.1 is permitted to withdraw fifty (3) percent of the amount, so deposited by the appellant, subject to furnishing of bank guarantee. The bank guarantee should be kept alive till decision of the appeal. 6. With these directions, the Civil Application is disposed of. ( N.D. DESHPANDE ) ( A.P. DESHPANDE ) JUDGE JUDGE ......................... bgp/ca7319