Bombay High CourtCAF/3839/2014allowed

The State Of Maharashtra (Through The Special Land Acquisition Officer) v. Wagheshwar Devsthan And All Villagers Through 1. Shri Namdeo Kamalu Patil And ORS

2016-01-05Registrar (Judicial - I)2 pages

902 caf 3839-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 3839 OF 2014 IN FIRST APPEAL NO. 1314 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.R. Patil, AGP for the applicant/State.

Mr. Mahendra Agvekar i/b Mandar Limaye for the respondent nos. 1 to 7.

CORAM : K. K. TATED, J.

DATED : 05/01/2016 P.C.:

Heard learned Counsel for the parties.

This application is preferred by the State of Maharashtra for stay of operation and implementation of Judgment and Award dated 01.04.2013 in L.A.R. No. 38 of 2003 (old L.A.R. No. 32 of 2003).

The learned counsel for the Respondents claimants makes a statement that applicant has already deposited the entire decretal amount in the Trial Court. He submits that the claimants may be allowed to withdraw the amount.

Considering the fact that amount is already deposited by the State of Maharashtra in the Trial Court, the following order is passed:

Sneha Chavan 1/2

902 caf 3839-14=.doc 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, execution and implementation of Judgment and Award dated 01.04.2013 passed by the Learned Civil Judge, Senior Division, Raigad at Alibag in L.A.R. No. 38 of 2003 (old L.A.R. No. 32 of 2003), till the hearing and final disposal of the above mentioned First Appeal;"

b) The Reference Court is directed to invest the entire amount in a fixed deposit account of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till hearing and final disposal of the first appeal. 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 off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2