Prakash S. Wagh Since Deceased Pratima Prakash Wagh And ORS. v. Special Land Acquisition Officer.

8.IA.2643.19 in FA.804.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2643 OF 2019 IN FIRST APPEAL NO. 798 OF 2017 Prakash S. Wagh (since deceased) through Legal Heirs & Ors.

... Applicants (Orig. Appellants) In the matter between Neeta @ Leela Manohar Kukreja & Ors.

... Appellants

Versus

Special Land Acquisition Officer ...

Respondent (Orig. Opponent) INTERIM APPLICATION NO. 2645 OF 2019 IN FIRST APPEAL NO. 799 OF 2017 Prakash S. Wagh (since deceased) through Legal Heirs & Ors.

... Applicants (Orig. Appellants) In the matter between Tikamdas Bhagwandas Kukreja & Ors.

... Appellants

Versus

Special Land Acquisition Officer ...

Respondent (Orig. Opponent) INTERIM APPLICATION NO. 2642 OF 2019 IN FIRST APPEAL NO. 804 OF 2017 Prakash S. Wagh (since deceased) through Legal Heirs & Ors.

... Applicants (Orig. Appellants) In the matter between Tikamdas Bhagwandas Kukreja & Ors.

... Appellants

Versus

Special Land Acquisition Officer ...

Respondent (Orig. Opponent) Waghmare 1 / 2

8.IA.2643.19 in FA.804.17.doc Mr. Mandar Soman a/w Mr. Gobinda C. Mohanty i/b Mohanty & Associates for the Applicants.

Mr. A.R. Patil, Addl. G.P. for the Respondent-State. .........

CORAM

: K.K. TATED & R.I. CHAGLA, JJ.

DATE : 12th FEBRUARY, 2021.

P.C. :- Heard learned Counsel for the Applicants.

By these Interim Applications, the Applicants are seeking directions against the Respondent to deposit the awarded amounts in terms of the judgment and award dated 23.12.2016 passed by the Reference Court. When this Court decline to entertain these Interim Applications because the Applicants have alternate efficacious remedy to execute this award, the learned Counsel for the Applicants submits that the Applicants may be permitted to withdraw the Interim Applications with liberty to file appropriate proceedings before the Reference Court for recovery of the said amount. To that effect he has given in writing. Same is taken on record and marked '

X'

for identification. Same is accepted.

The Interim Applications stand disposed of as withdrawn with liberty as prayed for.

Digitally signed by Waishali S.

Waghmare Date:

2021.02.16 23:25:48 +0530 No order as to costs.

Waishali S.

Waghmare ( R.I. CHAGLA, J. ) ( K.K. TATED, J. ) Waghmare 2 / 2