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Bombay High CourtMCA/399/2022allowed

Damodar Nagesh Alavani And 3 ORS v. Land Acquisition Officer,

2023-07-14Hon'Ble Shri Justice M. S. Sonak2 pages

905-MCA-399-2022.DOC Niti

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.399 OF 2022 IN FIRST APPEAL NO.177 OF 2003 DAMODAR NAGESH ALAVANI AND 3 ORS.

....APPLICANTS

Versus

LAND ACQUISITION OFFICER ....RESPONDENT Mr Sameer P. Khedekar Advocate for the Applicants. Mr Tukaram Gawas, Additional Government Advocate for the Respondent.

CORAM:

M. S. SONAK, J.

DATE :

14th JULY 2023 P.C. :

1.

Considering the order made in Misc. Civil Application No.398/2022 and because there is no clarity on whether the four applicants are the only legal heirs of late Naguesh Alavani and his wife, leave is granted to the applicants to file execution proceedings. 2.

Mr Khedekar states that execution proceedings would be filed within six weeks from today. Necessary intimation along with case number, etc. must be furnished to the Registry. 14th July 2023

905-MCA-399-2022.DOC 3.

Upon furnish, the Registry to transfer the amount in this Court to the account of First Appeal No.177/2023 and 223/2003 to he Executing Court. The Executing Court to decide the matter on merits and in accord with law.

4.

Misc. Civil Application No.399/2022 is disposed of. M. S. SONAK, J.

NITI K HALDANKAR Date: 2023.07.15 10:08:44 +05'30'

NITI K HALDANKAR 14th July 2023