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Bombay High CourtCAN/90/2019ca disposed off

Dharnidhar Devkaranji Vora And Another v. Maharashtra Industrial Development Corporation Through Its Ceo, Dr. P. Anbalagan And Another

2019-09-20Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

can 90.19 & cp 222.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAN) NO. 90 OF 2019 with CONTEMPT PETITION (CP) NO. 222 OF 2019 in FIRST APPEAL (FA) NO. 441 OF 2006 (D) [Dharnidhar Deokaranji Vora and anr. Vs. The State of Maharashtra and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri R. M. Ahirrao h/f. Shri B. D. Vora, Advocate for the petitioners Shri Sharad Thakre h/f. Shri M. M. Agnihotri, Advocate for the respondents.

CORAM : M. G. GIRATKAR, J.

DATE : 20/09/2019 Heard learned Counsel Shri R. M. Ahirrao holding for Shri B. D. Vora, Advocate for the petitioners. Petitioner no. 1 died due to old age on 06.08.2019. Petitioner no. 2 is son of petitioner no. 1.

Hence, name of petitioner no. 1 is deleted.

Accordingly, the application is disposed of.

CONTEMPT PETITION (CP) NO. 222 OF 2019 Heard learned Counsel appearing for the respective parties.

can 90.19 & cp 222.2019.odt Petition is filed for contempt of judgment passed by this Court on 06.06.2018. From the perusal of judgment, it appears that the appeal filed by M.I.D.C. came to be dismissed. Amount of compensation granted by Reference Court of Rs.2,00,000/- per hectare was directed to be deposited. M.I.D.C. not deposited the said amount, therefore, the petition is filed for contempt. There is no dispute that execution can be proceeded before the Reference Court under Order XXI of C.P.C.. The petitioner is at liberty to file execution proceedings before the Reference Court for recovery of amount of compensation as per provisions of Order XXI of C.P.C. Accordingly, the petition is dismissed with no order as to costs.

JUDGE SMGate