1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions COURT’S OR JUDGE’S ORDERS and Registrar’s Orders. CA/5113/2009 MUNICIPAL COUNCIL PARALI V/S RANGNATH RAMBHAU In FA/194/2009. 1. In view of the order passed by this Court earlier, Chief Officer of applicant Municipal Council is present in the Court. 2. Heard respective counsel. 3. Applicant – Municipal Council, by this application seeks extension of time for depositing the amount or for taking necessary steps. 4. This Court, by the order dated 26.3.2009 in Civil Application No.8997 of 2008 in FA No.194 of 2009, stayed execution of the award passed by the Reference Court on condition of applicant's (Municipal Council) depositing 25 per cent of the entire compensation amount in this Court, within the period of eight weeks. Indisputably, this order has not been complied with by the applicant. 5. The application is vague and ambiguous. Even by this application, applicant does not seek specific extension of time. Grounds raised in paragraph Nos.4 and 5 of the application have been considered by us. It is not possible for us to accede to the submissions of learned counsel for the applicant. We are of the firm opinion that no case for grant of extension of time has been made out by the applicant. 6. Immovable property of the respondent / a citizen has been acquired and taken in possession way back in 1982. According to learned counsel for the respondent, the respondent as of today is aged about 82 years. Applicant Municipal Council is armed with the stay granted by this Court on 26.3.2009. However, it is clear from the said order that the 2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions COURT’S OR JUDGE’S ORDERS and Registrar’s Orders. stay granted by this Court was on condition and said condition has not been complied with by the applicant and therefore, we are not inclined to extend the time. Net result of the non compliance of conditional order passed by this Court is vacation of the stay automatically. 7. Present Civil Application stands dismissed. NO order as to costs. 8. Presence of Chief Officer, Municipal Council, stands dispensed with, unless specifically directed, in future, by this Court. (S.S.SHINDE,J.) (S.B.DESHMUKH,J.) Dt. 1.7.2009 akl