The State Of Maharashtra(The Special Land Acquisition Officer) And ANR. v. Shri. Vithoba Ganpat Shinde(Deceased) And ORS.

6-CAF 3960 of 2016 Tikam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 3960 OF 2016 IN FIRST APPEAL (ST) No.18837 OF 2016 State of Maharashtra and Anr.

...Applicants Vs.

Vithoba Ganpat Shinde (since deceased) Subhash Vithoba Shinde and Ors.

...Respondents

----- Mrs.Y. Goswami - AGP for Applicants Mr. J.S. Gaikwad for Respondent Nos. 1A to 1D ----- CORAM :

SHRI K.K. TATED, J.

DATE :

APRIL 24, 2019 P.C.:

1.

Heard learned counsel for the parties.

2.

By this civil application, the Applicants are seeking stay of operation and implementation of the judgment and award dated 31st October, 2015 passed by the Learned District Judge-I, Khed at Khed, District Ratnagiri in L.A.R. No. 50 of 2003.

3.

The learned AGP Mrs. Y. Goswami for Applicants submits that as per the earlier order dated 16th January, 2018 passed by this Court, they have already deposited the entire amount in the Reference Court. The statement is accepted.

4.

Considering the submissions made by the learned AGP for the Applicants and the averments made in the civil application and as the entire amount is deposited by the Applicants in the Trial Court, I satisfied that the Applicants have made out a case for allowing this civil application. Hence, following order.

6-CAF 3960 of 2016

ORDER

(A) Civil application is allowed in terms of prayer clause (a), which reads thus:

"this Hon'ble Court be pleased to stay the operation and/or execution and/or implementation of the Judgment and Award dated 31.10.2015 passed by the Learned District Judge-I, Khed, at Khed, District Ratnagiri in L.A.R. No. 50 of 2003(Orig. L.A.R. No. 16/2003), till the hearing and final disposal of the above mentioned First Appeal." (B) Civil Application stands disposed of accordingly. [ K.K. TATED, J.] Tikam