The State Of Maharashtra Through The Special Land Acquisition Officer v. Madhukar Ganpat Mugave(Dead)His Lrs.1a.Mrs.Kumud M. Mugave(Dead)Her Lrs.1a.1.Mangesh M. Mugave And
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3282 OF 2015 IN FIRST APPEAL NO.1083 OF 2015 WITH CIVIL APPLICATION NO.3283 OF 2015 IN FIRST APPEAL NO.1084 OF 2015 AND CIVIL APPLICATION NO.3284 OF 2015 IN FIRST APPEAL NO.1085 OF 2015 The State of Maharashtra .... Applicant Vs.
Madhukar Ganpat Mugave, since deceased, through his legal heirs:
1/1 Mrs. Kumud Madhukar Mugave, since deceased, through her legal heirs 1/1/1 Mangesh Madhukar Mugave & Others .... Respondents Mr. A.R. Patil, AGP, for the Applicant-State. Mr. Sachin S. Punde for the Respondents.
CORAM: MRS. MRIDULA BHATKAR, J.
DATE : FEBRUARY 24, 2016 P.C:
1.
By these three applications, the learned AGP for the applicant-State prays for stay of the operation, execution and
implementation of the common Judgment and Award dated 3-9-2013, passed by the learned Civil Judge, Senior Division, Raigad-Alibaug in Land Acquisition Reference Nos.535, 536 and 537 of 2000 pending the final disposal of the First Appeals. 2.
Learned counsel appearing for the original claimants in all the three Appeals is present and submits to the order of the Court. Hence, the operation, execution and implementation of the impugned Judgment and Award is hereby stayed pending the final disposal of the First Appeals for a period of twelve weeks, subject to the applicant depositing in the Reference Court the entire decretal amount along with the interest accrued thereon within twelve weeks. If the amount is not deposited within the stipulated period, the stay granted vide this order shall stand vacated and the present applications shall stand dismissed, without further reference to Court and the original claimants would be at liberty to take out execution proceedings against the applicant/appellant.
3.
The original claimants are at liberty to move an application before the Reference Court for withdrawal of amount after the same, as directed above, is deposited and the Reference Court may allow the application in accordance with law and on the claimants furnishing solvent security to the satisfaction of that Court.
4.
All the above applications accordingly stand disposed of.
(MRIDULA BHATKAR, J.)