Bharat Machindra Parekar And ORS v. Anjanabai Atmaram Thaware And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 3619 OF 2016 Bharat s/o Machindra Parekar & others Appellants

Versus

Anjanabai Atmaram Thaware & others Respondents Mr. Nitin Jagdale, advocate holding for Mr. V.D. Salunke, advocate for appellants.

Mr. A.M. Phule, AGP for respondent no. 2.

Mr. Y.R. Mahajan, advocate holding for Mr. D.A. Madake, advocate for respondent no. 1.

CORAM : M.S.SONAK, J.

DATE : 13th February, 2018.

P.C. :

Heard.

Admit.

Learned Counsel for respective Respondents waive service of notice.

M.S.SONAK JUDGE adb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3476 OF 2016 IN FIRST APPEAL NO.3619 OF 2016 Bharat s/o Machindra Parekar & others Applicants

Versus

Anjanabai Atmaram Thaware & others Respondents Mr. Nitin Jagdale, advocate holding for Mr. V.D. Salunke, advocate for applicants.

Mr. A.M. Phule, AGP for respondent no. 2.

Mr. Y.R. Mahajan, advocate holding for Mr. D.A. Madake, advocate for respondent no. 1.

CORAM : M.S.SONAK, J.

DATE : 13th February, 2018.

P.C. :

Ad interim relief granted by this Court is hereby confirmed subject to the appellants depositing, in this Court, within a period of eight weeks from today, the compensation amount, which they have already received; or in the alternate, furnish a bank guarantee from a Nationalised Bank, covering said amount and stating that in case, the appeal is decided against appellants, such amount, will be immediately paid to the concerned respondents in terms of the directions in the impugned judgment and award.

In case, no deposit is made or bank guarantee is furnished, the interim order, now made, to stand vacated without further reference to this Court.

{3} The appellants to furnish necessary intimation about the deposit/furnishing bank guarantee to the respondents within a period of two weeks from the date on which such deposit is made, or bank guarantee is furnished.

Civil Application for interim relief stands disposed of in aforesaid terms.

M.S.SONAK JUDGE adb