1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.12922 OF 2011 IN FIRST APPEAL NO.176 OF 2011 1. Kedar Ganeshlal Tapadiya, Age-60 years, Occu-Agriculturist, Through G.P.A. 2. Jainarayan Bansilal Rathi, Age-66 years, Occu-Agriculturist, R/o.Dhangar Pimpri, Tq.Ambad, Dist. Jalna APPLICANTS VERSUS 1. The Executive Engineer, Minor Irrigation Division Jalna Through GMIDC, Aurangabad, 2. The State of Maharashtra, Through The Collector, Jalna, 3. The Special Land Acquisition Officer, Jalna. RESPONDENTS WITH CIVIL APPLICATION NO.12923 OF 2011 IN FIRST APPEAL NO.170 OF 2011 Nileshkumar Balaprasad Rathi, Age-32 years, Occu-Agriculturist, R/o.Dhangar Pimpri,Tq.Ambad, Dist.Jalna APPLICANT VERSUS 2 1. The Executive Engineer, Minor Irrigation Division Jalna Through GMIDC, Aurangabad, 2. The State of Maharashtra, Through The Collector, Jalna, 3. The Special Land Acquisition Officer, Jalna. RESPONDENTS WITH CIVIL APPLICATION NO.12924 OF 2011 IN FIRST APPEAL NO.171 OF 2011 Rameshwar Maruti Narwade, Age-55 years, Occu-Agriculturist, R/o.Dhangar Pimpri, Tq.Ambad, Dist. Jalna APPLICANT VERSUS 1. The Executive Engineer, Minor Irrigation Division Jalna Through GMIDC, Aurangabad, 2. The State of Maharashtra, Through The Collector, Jalna, 3. The Special Land Acquisition Officer, Jalna. RESPONDENTS WITH CIVIL APPLICATION NO.12925 OF 2011 IN FIRST APPEAL NO.174 OF 2011 Chandrakant Devidas Savnis, Age-59 years, Occu-Agriculturist, R/o.Dhangar Pimpri, Tq.Ambad, Dist.Jalna APPLICANT 3 VERSUS 1. The Executive Engineer, Minor Irrigation Division Jalna Through GMIDC, Aurangabad, 2. The State of Maharashtra, Through The Collector, Jalna, 3. The Special Land Acquisition Officer, Jalna. RESPONDENTS WITH CIVIL APPLICATION NO.12926 OF 2011 IN FIRST APPEAL NO.173 OF 2011 1. Dnyaneshwar Baburao Kadam, Age-40 years, Occu-Agriculturist, 2. Narayan Baburao Kadam, Age-35 years, Occu-Agriculturist, R/o.Dhangar Pimpri, Tq.Ambad, Dist. Jalna APPLICANTS VERSUS 1. The Executive Engineer, Minor Irrigation Division Jalna Through GMIDC, Aurangabad, 2. The State of Maharashtra, Through The Collector, Jalna, 3. The Special Land Acquisition Officer, Jalna. RESPONDENTS Mr.A.B.Kale, learned counsel for the applicants. Mr.S.D.Kaldate and Mrs.V.A.Shinde, learned A.G.P.s for respondent no.2 and 3. Mr.S.G.Bhalerao, learned counsel for respondent no.1. 4 (CORAM : A.V.POTDAR, J.) DATE : 08/11/2011 PER COURT : 1. By the present applications, the applicants are before this Court to vacate the interim relief passed by this Court on 21/01/2011. At the time of submissions across the bar, copy of the order dated 21/01/2011 is placed before this Court. Para no.4 of the order reads like this : “In case the appellant deposits the entire amount under the impugned award within 12 weeks from today, there shall be stay to the execution of the impugned judgment and award. Amount to be deposited in the reference court.”. 2. It is urged across the bar that even though this order was passed on 21/01/2011, as per the directions of this Court neither the amount under the impugned award was deposited by the appellant in the first appeals/respondent no.1 herein, nor they have prayed for extension of time to deposit the said amount. When questioned, learned counsel for respondent no.1 fairly admitted that the directions given, while granting stay to the execution of the impugned award in the first appeals are not complied by the respondent no.1. It appears from the wording of para no.4 of the order dated 21/01/2011 that the stay granted by this Court was a conditional stay. Though the directions are not complied, the reference court is not proceeding further with the matter in the light of the fact that the first appeals are pending before this Court. From the text of para no.4, it appears that the grant of stay was conditional, and the 5 conditions are not complied by the respondent no.1. In view of this, civil applications are allowed in terms of prayer clause A & B and stand disposed of. (A.V.POTDAR, J.) khs/NOV.2011/ca12922-11