1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 413 OF 2008 Sukhadev Nivarti Patil (Kale) ... Petitioner v/s The State of Maharashtra ... Respondent Mr.Vinod Jadhav for the petitioner. Nobody present for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 6TH NOVEMBER, 2009 P.C.: 1. The petitioner has preferred this petition claiming that there is a breach of the order dated 3.9.2002 passed by this Court in Civil Application No.3432 of 2002 in First Appeal No.1196 of 2002. The first appeal was filed against the judgment and order of the reference Court in land acquisition proceedings. The State has obtained a stay in the civil application. However, the stay has been granted conditional 2 upon the decretal amount being deposited in the lower Court within 12 weeks from today. Thus, assuming the amount has not been deposited, it is always open for the petitioner to execute the decree. 2. Hence, the contempt petition dismissed as the petitioner can always execute the decree since the stay does not exist in view of the fact that the amount has not been deposited. ..... 3