The State Ofmaharashtra v. Leelavati Himatlal Shah D/H- Pramila Chandrakant Shah And Othrs

83(a)caf.185.2015.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.185 OF 2015 IN FIRST APPEAL NO.373 OF 2018 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Tanaya Goswami, AGP for applicant.

CORAM : K. K. TATED, J DATE : MARCH 26, 2019 P.C.:

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Heard learned Counsel for applicant.

2.

By this Civil Application, applicant is seeking stay of the operation and implementation of the impugned judgment and award dated 02.12.2008 passed by the Reference Court in Land Acquisition Reference No.37 of 1995. The learned AGP submits that they already deposited entire amount in the reference Court. Statement is accepted.

3.

Considering the submissions made by learned Counsel for the applicant, I am satisfied that the applicant has made out case S.C. Magar 1/2

83(a)caf.185.2015.doc for allowing this Civil Application. Hence, following order :- a) 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 and implementation of the Judgment and award passed by the Learned Ad-hoc District Judge-3, Pune in L.A.R. No.37 of 1995, till the hearing and final disposal of the above mentioned First Appeal;"

b) The reference Court is directed to invest the said amount in the Fixed Deposit account of any Nationalized Bank initially for a period of one year and same shall be continued till further orders.

c) Liberty granted to the respondent/claimant, if they so desire, to prefer an appropriate application for withdrawal of amount, which will be decided on its own merits.

(K.K.TATED, J.) S.C. Magar 2/2