The State Of Maharshtra (Through The Special Land Acquisition Officer) v. Shri. Tukaram Babaji Halve (Deceased) Through His Legal Heirs 1a. Mr. Murari Tukaram Halve And ORS

32.2552.13-caf.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.2552/2013 in First Appeal No.840/2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mrs. Tanaya Goswami, AGP for the Applicant

CORAM

: K.K.TATED, J.

DATED : JUNE 3, 2019 P.C.

Heard. By this Civil Application, the Applicant State of Maharashtra is seeking stay to the operation and implementation of the judgment and award dated 29.01.2013 passed by the learned Civil Judge, Senior Division, Sindhudurg, Oros in LAR No.56/2003 (Old No.17/2003) till hearing and final disposal of the First Appeal.

The learned AGP submits that they have already deposited the entire awarded amount in the Reference Court.

The statement is accepted.

Considering the submissions made by the learned AGP and the impugned Basavraj G. Patil 1/2

32.2552.13-caf.doc judgment and award, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, the following order is passed:

a.

The Civil Application is allowed in terms of prayer clause (b), which reads thus:

"(b) that this Hon'ble Court be pleased to stay the operation, execution and implementation of the judgment and award dated 29.01.2013 passed by the learned Civil Judge, Senior Division, SindhudurgOros in LAR No.56 of 2003 (Old LAR No.17/2003), till the hearing and final disposal of the above mentioned First Appeal."

b.

The Tribunal is directed to invest the award amount in a fixed deposit of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till further orders.

c.

Liberty granted to the claimants to prefer an appropriate Application for withdrawal of amount, if they so desire, which will be decided on its own merits.

d.

Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Basavraj G. Patil 2/2