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Bombay High CourtCAF/3796/2016

The State Of Maharashtra(Through The Special Land Acquisition) v. Shri Prashuram Sadu Chavan

2019-08-20Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3796 OF 2016 IN FIRST APPEAL (STAMP) NO.36267 OF 2012 The State of Maharashtra & Anr.

...Applicants V/s.

Parshuram Sadu Chavan

...Respondent

WITH CIVIL APPLICATION NO.3794 OF 2016 IN FIRST APPEAL (STAMP) NO.36271 OF 2012 The State of Maharashtra & Anr.

...Applicants V/s.

Kondaji Narayan Chavan

...Respondent

WITH CIVIL APPLICATION NO.3795 OF 2016 IN FIRST APPEAL (STAMP) NO.36271 OF 2012 The State of Maharashtra & Anr.

...Applicants V/s.

Kondaji Narayan Chavan

...Respondent

WITH CIVIL APPLICATION NO.3797 OF 2016 IN FIRST APPEAL (STAMP) NO.36267 OF 2012 The State of Maharashtra & Anr.

...Applicants V/s.

Parsuram Sadu Chavan

...Respondent

---------- Ms. Anamika Malhotra, AGP for the applicants. None for the respondents.

---------- 1/3

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 20th AUGUST, 2019.

P.C.:

ORDER IN CIVIL APPLICATION NO.3796 OF 2016 AND NO. 3794 of 2016:- The Applicants in both the applications herein have sought to condone the delay of 133 days in filing the first appeal challenging the judgment and award dtd. 03/04/2012 passed by the learned 4th Joint Civil Judge, Senior Division, Nashik in L.A.R. No.140 of 2006. 2.

The respondents in both the applications are absent, though duly served.

3.

In the light of the reasons stated in paragraph 3 of the applications, which in my considered view constitute sufficient cause, the applications are allowed. The delay is condoned. ORDER IN CIVIL APPLICATION NO.3795 OF 2016 AND NO. 3797 of 2016:- 4.

By these applications, the applicants have sought to stay the execution and implementation of the impugned judgment and award dtd. 03/04/2012 passed by the learned 4th Joint Civil Judge, Senior Division, Nashik in L.A.R. No.140 of 2006. 5.

The learned AGP for the applicants states that the compensation as per the impugned judgment and award will be 2/3

deposited before the reference court within a period of four weeks. Statement is accepted.

6.

In the light of the said statement, execution and implementation of the impugned judgment and award is stayed till the next date of hearing. Stand over to 17/09/2019. It is made clear that in the event the applicants fail to deposit the amount within four weeks, the stay order shall stand vacated without further reference to the Court.

ORDER IN FIRST APPEAL (STAMP) NO.36267 OF 2012 and (STAMP) NO. 36271 OF 2012:- 7.

The Appeals be registered subject to removal of office objections, if any.

8.

Issue notice to the respondents in both the appeals, returnable after four weeks. Private service permitted. 9.

Stand over to 17/09/2019.

(SMT. ANUJA PRABHUDESSAI, J.) 3/3