The Executive Engineer vs Abdul Karim Bodhale (Died) through His Lrs. 1-A-JAFAR Abdul Bodhale and Ors. — Bombay HC (2025) — LawSathi Research

The Executive Engineer vs Abdul Karim Bodhale (Died) through His Lrs. 1-A-JAFAR Abdul Bodhale and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ad-interim stay of the effect, operation and implementation of the Judgment and Award dated 13th April 2023, conditional on deposit of the entire awarded amount with interest before the Reference Court within 6 weeks (failing which the stay stands automatically vacated and the Respondents may execute the award); notice to Respondent Nos. 1A and 1B returnable on 01st August 2025.

Issue for consideration

Whether, in Interim Application No. 9023 of 2025 in First Appeal (ST) No. 1035 of 2025, the effect, operation and implementation of the Judgment and Award dated 13th April 2023 passed by the Civil Judge Senior Division, Alibag, Mahad in Land Reference No. 10 of 2006 should be stayed.

Court's answer

In view of the Applicant's statement that it will deposit the entire amount under the Judgment along with interest before the Reference Court, the Court, as and by way of ad-interim relief, directed that the effect, operation and implementation of the Judgment and Award dated 13th April 2023 shall remain stayed.

Ratio / Principle

The stay is conditional: the amount under the Judgment and Award, along with interest, must be deposited with the Reference Court within 6 weeks; if not so deposited, the stay shall stand automatically vacated and the Respondents shall be at liberty to execute the Judgment and Award dated 13th April 2023 in accordance with law.

Key takeaways

Since the ad-interim relief was granted without hearing Respondent Nos. 1A and 1B, the Registry was directed to issue notice to them, returnable on 01st August 2025, with liberty to serve the papers and proceedings privately; the Learned AGP waived notice for Respondent Nos. 2 and 3; the matter was stood over to 01st August 2025.ratio¶6

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (Coram: B. P. Colabawalla & Firdosh P. Pooniwalla, JJ.; June 20, 2025) in Interim Application No. 9023 of 2025 in First Appeal (ST) No. 1035 of 2025 - The Executive Engineer v. Abdul Karim Bodhale (died) through his legal representatives and Ors. The Applicant sought stay of the effect, operation and implementation of the Judgment and Award dated 13th April 2023 passed by the Civil Judge Senior Division, Alibag, Mahad in Land Reference No. 10 of 2006. On the Applicant's statement that it would deposit the entire awarded amount with interest before the Reference Court, the Court granted an ad-interim stay of the award, conditional on deposit within 6 weeks, failing which the stay would stand automatically vacated and the Respondents would be free to execute the award in accordance with law. Notice was ordered to Respondent Nos. 1A and 1B (not heard), returnable on 01st August 2025; the AGP waived notice for the State (Respondent Nos. 2 and 3). Matter stood over to 01st August 2025.

25-IA-9023-25.doc

Digitally signed by DARSHAN DARSHAN PRAKASH PRAKASH PATIL PATIL Date: 2025.06.24 10:39:47 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 9023 OF 2025

IN

FIRST APPEAL (ST) NO. 1035 OF 2025

The Executive Engineer

.. Applicant

Versus

Abdul Karim Bodhale (died) through his legal representatives and Ors.

.. Respondents

Adv. Shakuntala Wadekar a/w Adv. Yogesh Thorat, for the Applicant.

Adv. A. R. Patil, Addl. GP , for the Respondent Nos. 2 and 3 (State).

CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. DATE: JUNE 20, 2025

P. C.

The above Interim Application is filed seeking stay to the effect, operation and implementation of the Judgement and Award dated 13^th April 2023 passed by the Civil Judge Senior Division, Alibag, Mahad in Land Reference No. 10 of 2006.

Page 1 of 3 JUNE 20, 2025

Darshan Patil

25-IA-9023-25.doc

Learned Advocate appearing on behalf of the Applicant stated that they will deposit the entire amount under the said Judgement along with the interest before the Reference Court.

Considering the aforesaid statement, as and by way of ad-interim relief, we direct that the effect, operation, and implementation of the Judgement and Award dated 13^th April 2023 shall remain stayed.

The amount under the said Judgment and Award (along with interest) shall be deposited with the Reference Court within 6 weeks from today.

It is made clear that if the amount is not so deposited within the time stipulated, the stay granted by us today shall stand automatically vacated and the Respondents shall be at liberty to execute the Judgement and Award dated 13^th April 2023 in accordance with law.

Since this is the only ad-interim relief granted, and that too without hearing the Respondent Nos. 1A and 1B, we direct the Registry to issue notice to the Respondent Nos. 1A and 1B, returnable on 01^st August 2025. Humdast is permitted.

Page 2 of 3 JUNE 20, 2025

Darshan Patil

25-IA-9023-25.doc

Learned AGP waives notice on behalf of Respondent No. 2 and Respondent No. 3.

In addition to the Court notice, Advocates for the Applicant are permitted to serve Respondent Nos. 1A and 1B with the papers and proceedings of the above Appeal as well as copy of the above Interim Application along with copy of this order by private notice as well.

Stand over to 01^st August 2025.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]

Page 3 of 3 JUNE 20, 2025

Darshan Patil