The State Of Maharashtra Through The District Collector, Raigad, Thrspecial Land Acquisition Office v. Kai. Marya Tukaram Mhatre (Deceased) Through His Lrs.Shri. Ganesh Marya @ Maru Mhatre

1 37c CAF 2426-17 in FAst 753-17.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2426 OF 2017 (For stay) in FIRST APPEAL (St.) NO. 753 OF 2017 The State of Maharashtra.

.. Applicant / Appellant Vs Kai.Marya Tukaram Mhatre (Deceased through his legal heirs - Shri Ganesh Marya @ Maru Mhatre.

.. Respondent Mr.Ameet Palkar-AGP, for the Applicant / Appellant. Mr.Hemant Ghadigaonkar, for the Respondent.

CORAM : N.M.JAMDAR, J.

Date : August 21, 2017.

P.C. :

Heard learned counsel for the parties. By order passed today, the First Appeal is admitted.

2.

Considering the facts and circumstances, Civil Application is disposed of in terms of prayer clause (b) subject to the Applicant depositing the entire amount awarded under the impugned judgment and award in the trial Court within period of eight weeks from today with intimation to the Respondent. After the amount is

2 37c CAF 2426-17 in FAst 753-17.doc so deposited the Respondent will be entitled to withdraw the same subject to furnishing security to the satisfaction of the Trial Court. If the Respondent does not withdraw the amount deposited as above, within period of six months thereafter, the Trial Court will invest the amount in the fixed deposit of a nationalised bank, pending the First Appeal.

N.M.JAMDAR, J.