← Library
Bombay High CourtCAF/772/2014disposed off

The Executive Engineer Kadwa Canal Division, Nashik v. The State Of Maharashtra Through Special Land Acquisition Officer No.2,Nashik And ORS

2015-04-15Hon'Ble Shri Justice K.K. Tated3 pages

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 772 OF 2014 IN FIRST APPEAL NO. 427 OF 2015 WITH CIVIL APPLICATION NO. 774 OF 2014 IN FIRST APPEAL NO. 428 OF 2015 WITH CIVIL APPLICATION NO. 776 OF 2014 IN FIRST APPEAL NO. 429 OF 2015 WITH CIVIL APPLICATION NO. 778 OF 2014 IN FIRST APPEAL NO. 430 OF 2015 WITH CIVIL APPLICATION NO. 780 OF 2014 IN FIRST APPEAL NO. 431 OF 2015 WITH CIVIL APPLICATION NO. 782 OF 2014 IN FIRST APPEAL NO. 432 OF 2015 WITH CIVIL APPLICATION NO. 784 OF 2014 IN FIRST APPEAL NO. 433 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. Bhavana Khemani for the appellant.

Mr. A.R. Patil, AGP for the respondent nos. 1 & 2 Mr. Sham Walve for respondent nos. 3 to 5 1/3

CORAM : K. K. TATED, J.

DATED : 15/04/2015 P.C.:

.

Heard learned Counsel for the parties.

These Civil Applications are preferred by acquiring body for stay of operation and implementation of the the common judgment and award dated 03.08.2012 passed by the Reference Court in LA.Rs.

The learned counsel for the applicant on 18.12.2014 made a statement that applicant acquired body has deposited the principal amount. Writ issued by this court returned with remark "appellant has not deposited the decretal amount." Considering this fact, the following order is passed:

ORDER

a) Applicant acquiring body to deposit entire decretal amount with interest and cost, if any, in Reference Court within four weeks from today, failing which Civil Application shall stand dismissed without referring back to the court. b) If amount is not deposited within stipulated time as stated herein above, the 2/3

respondents claimants are entitled to execute the judgment and award according to law.

c) Liberty granted to the respondents claimants to take out appropriate application, if they so desire, for withdrawal of the amount if same is deposited in the Reference Court and that application will be decided on its own merits. d) Civil Application is disposed of accordingly.

(K.K.TATED, J.) 3/3