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Bombay High CourtCAF/864/2011

1. The State Of Maharashtra And ORS. v. Shrimant Dhondiba More.

2019-06-03Hon'Ble Shri Justice K.K. Tated2 pages

31.864.11-caf.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.864/2011 in First Appeal No.604/2017 with Civil Application No.870/2011 in First Appeal No.605/2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mrs. Tanaya Goswami, AGP for the Applicant Mr. G. M. Savagave for the Respondent

CORAM

: K.K.TATED, J.

DATED : JUNE 3, 2019 P.C.

Heard. By this Civil Application, the Applicant State of Maharashtra is seeking stay to the operation and implementation of the judgment and award passed by the Reference Court in LAR No.547/2002 and LAR No.809/2002.

Letter dated 17.04.2012 received from the office of the Government Pleader by the Registrar Judicial (II) of this Court, shows that the State of Maharashtra has deposited sum of Rs.4,19,769/- in the Trial Court on Basavraj G. Patil 1/2

31.864.11-caf.doc 26.08.2010 in LAR No.733, 547, 809/2002 on 26.08.2010. In view of these facts, the following order is passed:

a.

The judgment and award passed by the Reference Court in both the matters is stayed till hearing and final disposal of the First Appeal.

b.

Reference Court is directed to invest the said amount in a fixed deposit of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till further orders.

c.

Liberty granted to the claimants to prefer an appropriate Application for withdrawal of amount, if they so desire, which will be decided on its own merits.

d.

Both the Civil Applications stand disposed of accordingly.

(K.K.TATED, J.) Basavraj G. Patil 2/2