Shri. Mahadu Rakhmaji Undre And ORS v. Green Fields Partnership Firm Pune Thr. Shriniwas G. Desai(Thr. Legal Heirs) Indira Shriniwas Desai

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1633 OF 2022 IN SECOND APPEAL NO.275 OF 2020 Mahadu Rakhmaji Undre & Ors.

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Applicants

Versus

Green Fields Partnership Firm, Pune through Shriniwas G. Desai (through Legal Heirs) Indira Shriniwas Desai & Ors.

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Respondents ...

Mr.Drupad Patil with Mr.B.G.Lingade for the Applicants/Appellants.

Mr.Abhijit Kulkarni with Mr.Abhay Jadhavar for the Respondent Nos.7 and 8.

Mr.Sarang S. Aradhye for the Respondent Nos.1B, 2 to 5. ...

CORAM: BHARATI DANGRE, J.

DATED : 22nd APRIL, 2022 P.C:- 1.

By the present application, the applicants/appellants seek an injunction restraining respondent Nos.1 to 9 from executing sale deed in respect of the suit land or in the alternative, directing respondent Nos.10 and 11 i.e. the Land Acquisition Offcer an the Maharashtra Rail Infrastructure Development Corporation (MIRDC) in this Court in respect of M.M.Salgaonkar

2/2 36.1 IA-1633-22 c.doc the suit land, which is now a subject matter of acquisition for laying down of new railway track.

2.

Heard the learned counsel Mr.Patil for the applicants and the learned counsel Mr.Kulkarni for the respondent Nos.7 and 8.

3.

Respondent Nos.7 and 8 have responded to the application by specifcally stating that in the event of acquisition by the MIRDC, if any amount is received by them by way of compensation, they undertake to deposit the said amount in the Court within a period of 30 days from the date of it's receipt. The said statement, made on oath, is accepted as an undertaking given to this Court.

In the wake of the aforesaid being recorded, no further orders are necessary.

4.

Interim Application No.1633 of 2022 stands disposed off. ( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar