Rajabai Vasant Shirale And Others v. State Of Maharashtra And Another

(1) 4-wp-864-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 WRIT PETITION NO.864 OF 2018 RAJABAI VASANT SHIRALE AND OTHERS ..PETITIONERS

VERSUS

STATE OF MAHARASHTRA AND ANOTHER ..RESPONDENTS ...

Mr. Murlidhar S. Karad, Advocate for the Petitioners.

Mr. S. M. Ganachari, AGP for Respondents-State. ...

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATED : 6th MARCH, 2019.

PER COURT:- 1.

It appears that the Land Acquisition Reference filed by the petitioner is allowed and the Execution is filed in the year 2013. It is further submitted that the amount has not been deposited as yet, though the Summons of Execution are served upon respondents. The petitioner in fact is required to take steps before the Executing Court for issuance of warrant against respondents. The respondents are instrumentality of the State. They also are required to act as a model litigant. 2.

The petitioner shall file application before the Executing Court for issuance of warrant of attachment. The Executing Court shall decide

(2) 4-wp-864-2018 the proceedings expeditiously. If there is no other impediment and the Award under execution is not a subject matter of stay then the Executing Court shall endevour to get decree executed and pass an order of satisfaction of decree within a period of six (06) months. Of course, the petitioner is required to take effective steps for the same.

3.

Writ Petition is disposed of. No costs.

(A. M. DHAVALE) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/March-19