The State Of Maharashtra And ANR. v. Shri. Sharad Sitaram Bhinge And ORS.

caf.361.15.doc SQP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 361 OF 2015 IN FIRST APPEAL (STAMP) NO. 12990 OF 2014 The State of Maharashtra & Anr.

...Applicants

Versus

Sharad Sitaram Bhinge & Ors.

...Respondents

Mr. A. R. Patil, A.G.P for the Applicants-State Mr. T. D. Deshmukh for the Respondent Nos. 2-1 to 2-5 and 6 CORAM : A. S. OKA & REVATI MOHITE DERE, JJ.

MONDAY, 27TH JULY, 2015 P.C. :

1.

Heard learned Counsel appearing for the applicant and the learned Counsel appearing for the respondent Nos. 2.1 to 2.5 and 6. As appeal has been admitted, ad-interim relief granted on 13th April, 2015 deserves to continue as interim relief with necessary modification. Hence, we dispose of the Application by passing the following order :

ORDER

(i) Ad-interim relief granted on 13th April, 2015 shall continue to operate, subject to condition of the applicant depositing the entire decretal amount with the Reference Court within a period SQ Pathan 1/2

caf.361.15.doc of two months from today. If the amount is not deposited in the stipulated time, stay shall stand vacated without further reference to the Court.

(ii) As and when the amount is deposited, it will be open for the original claimant to withdraw the said amount on furnishing the adequate security to the satisfaction of the Reference Court. (iii) The Reference Court shall hear the applicants before accepting the security.

(iv) Application is disposed of on the above terms. (REVATI MOHITE DERE, J.) (A. S. OKA, J.) SQ Pathan 2/2