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Bombay High CourtCA/2251/2000

The State Of Maharashtra v. Mr. Shikan Narhari Deshmukh

2017-04-17Hon'Ble Shri Justice S.C. Gupte2 pages

sg 1/2 ca2251-00.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2251 OF 2000 IN FIRST APPEAL NO.792 OF 2002 The State of Maharashtra ...Applicant/Appellant vs.

Mr. Shikan Narhari Deshmukh ...Respondent CIVIL APPLICATION NO.2255 OF 2000 IN FIRST APPEAL NO.794 OF 2002 The State of Maharashtra ...Applicant/Appellant vs.

Mr. Yeshwant Kalu And Anr.

...Respondents

CIVIL APPLICATION NO.2257 OF 2000 IN FIRST APPEAL NO.795 OF 2002 The State of Maharashtra ...Applicant/Appellant vs.

Smt. Rakhamabai Dagadu Shingade ...Respondents ....

Mr. Yogesh Dabke, AGP, for the Applicant.

.......

CORAM : S.C. GUPTE, J.

DATED : 17 APRIL 2017 P.C. :

.

Civil Application Nos.2251, 2255 and 2257 of 2000 are for stay of execution of the impugned judgments and awards passed by Joint District Judge, Nashik on 6 April 1996 in L.A.R. Nos.284/87, 286/87 and

sg 2/2 ca2251-00.doc 287/87, respectively, pending hearing and final disposal of the First Appeal. The Civil Applications have been duly served. The appeals were admitted in the year 2002. The Civil Applications are yet to be disposed of. On 10 October 2014, when the Civil Applications reached hearing, learned AGP sought time to take instructions on whether the decretal amount was deposited or not. The matter was, accordingly, stood over. Learned AGP submits that despite communications addressed by the office of the GP in this behalf, there is no response forthcoming from the Applicant State.

2.

Subject to the Appellant State depositing the entire awarded amount in the LAR within a period of four weeks from today, the execution of the judgment and award passed by the Trial Court is stayed, pending the hearing and final disposal of the First Appeal, if not already deposited. It is made clear that if this amount is not deposited within four weeks from today, the stay shall stand vacated forthwith and the impugned awards shall be liable to be executed without reference to this Court. The Civil Applications are disposed of in the above terms. 3.

Printing of paper book is dispensed with. The Appellant State shall file private paper books in all three First Appeals within a period of six weeks from today. The First Appeals to come up for hearing in due course.

( S.C. GUPTE, J. )