The State Of Maharashtra (Through The Special Land Acquisition Officer) And ANR. v. Shri. Sitaram Ramchandra Surve And ORS.

10.2588.15-caf.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No. 2588/2015 in First Appeal No. 869/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. A. R. patil, AGP for the Applicant

CORAM

: K.K.TATED, J.

DATED : APRIL 12, 2019 P.C.

Heard. By this Civil Application, the Applicant is seeking stay of the judgment and awarded dated 01.07.2013 passed by the learned Civil Judge, Senior Division, Sindhudurg at Oros in LAR No.24/2005.

The learned AGP for the Applicant submit that they have already deposited the entire awarded amount along with interest in the Reference Court. The statement is accepted.

Considering the submissions made by the learned AGP and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing Basavraj G Patil 1/2

10.2588.15-caf.doc the present Civil Application.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clause (b) which reads thus:

"(a) That this Hon'ble Court be pleased to stay the operation, execution and implementation of the judgment and award dated 01.07.2013 passed by the learned Civil Judge, Senior Division, Sindhudurg-Oros in LAR No.24/2005 till hearing and final disposal of the above mentioned First Appeal."

b) The Reference Court is directed to invest the awarded amount in a fixed deposit account of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till hearing and final disposal of the appeal.

c) Liberty granted to the claimants to prefer an appropriate Application for withdrawal of the awarded amount, if they so desire, which will be decided on its own merits d) Civil application stands disposed off accordingly.

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