The State Of Maharashtra Through The Special Land Acquisition Officer v. Shri. Kalya Kanha Mhatre (Deceased) Through His Legal Heirs1a. Anusaya Ram Mhatre And ORS.

caf-1406-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO.1406 OF 2015 IN FIRST APPEAL (STAMP) NO.3369 OF 2014 The State of Maharashtra .. Applicant Vs.

Kalya Kanha Mhatre (Since deceased through his LR's) 1/1. Anusaya Rama Mhatre & Ors.

.. Respondents ....

Mr.A.R. Patil, AGP for the Applicant.

Mr.Shriram S. Kulkarni, Advocate for the Respondent Nos.1/1 to 1/8.

....

CORAM : A.S. OKA & A.P. BHANGALE, JJ.

DATED : APRIL 18, 2015.

P.C. :

Heard the learned AGP for the applicant and the learned counsel appearing for the respondents. The impugned Judgment and Award is in the nature of a money decree and, therefore, the applicant will have to deposit the entire amount payable as per the impugned Judgment and Award, as a condition for grant of stay. The Respondents will have to be permitted to withdraw the amount subject to furnishing security. Accordingly, we pass the following order:

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caf-1406-15 :: O R D E R ::

(i) Rule is made absolute in terms of prayer Clause (b) subject to applicant depositing with the Reference Court the entire compensation payable in terms of the impugned Judgment and Award within a period of three months form today. If the amount is not deposited within the stipulated time, the stay shall stand vacated without further reference to the Court.

(ii) If the amount is deposited, the Reference Court shall permit the respondents to withdraw the said amount subject to furnishing adequate security for the said amount to the satisfaction of the Reference Court. Before accepting the security, the applicant shall be heard.

(A.P. BHANGALE, J.) ( A.S. OKA, J.) 2/2