The State Of Maharashtra And Another v. Gangadhar Shivdas Ardawad

908CA10263

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO. 10263 OF 2013 IN FAST/18309/2013 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

GANGADHAR SHIVDAS ARDAWAD AGP for Appellant No. 1 : Mr. Y.G. Gujrathi.

Advocate for Appellant No. 2 : Mr. R.D. Biradar. Advocate for Respondent : Mr. H.B. Nandagavale h/f. Mr. V.G. Sakolkar.

CORAM : SHRIKANT D. KULKARNI, J.

DATED : 01.07.2021 PER COURT :

1.

It is an application for stay moved by the applicants. 2.

Heard Mr. Gujrathi, learned AGP and Mr. Biradar, learned Advocate appearing for respective appellants and Mr. Nandagavale learned Advocate for respondent / original claimant holding for Advocate Mr. Sakolkar.

3.

The impugned judgment and order passed by the reference court under Section 18 of the Land Acquisition Act, for enhancement of compensation is challenged by way of First Appeal. The exercise of assessment of the impugned judgment and order passed by the trial Court would be made in due course. It is necessary to stay the operation and execution of the impugned judgment and award passed

908CA10263 by the reference Court in order to protect legal interest of the applicants subject to deposit of entire decretal amount in this Court. With this I conclude and proceed to pass the following order :

ORDER

i.

The application for stay is hereby allowed.

ii.

The operation and execution of the impugned judgment and award passed in LAR No. 292/2004 dated 26.02.2009 is hereby stayed till final decision of the appeal, subject to deposit of entire decretal amount in this Court within....

iii.

Inform the reference Court, accordingly.

( SHRIKANT D. KULKARNI, J. ) S.P.C.