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Bombay High CourtIA/10516/2024allowed

The State Of Maharashtra Through The Special Land Acquisition Officer v. Shri Mohan Kathor Kadu Deceased Through His Legal Heirs

2024-07-15Hon'Ble Justice Sharmila U. Deshmukh2 pages

41-FA(ST)-6557-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10516 OF 2024.

AND INTERIM APPLICATION NO.10517 OF 2024.

IN FIRST APPEAL (ST) NO.6557 OF 2023.

The State Of Maharashtra Through The Special Land Acquisition Officer ...Appellant.

Versus

Shri Mohan Kathor Kadu De Ceased Through His Legal Heirs

...Respondents.

------ Mr. A. R. Patil, AGP for the appellant.

------ Coram : Sharmila U. Deshmukh, J.

Date : 15th July, 2024.

P. C. :

INTERIM APPLICATION NO.10516 OF 2024.

1.

Interim application has been moved seeking condonation of delay of 244 days caused in preferring the appeal against the award passed under the Land Acquisition proceedings. 2.

Issue notice to the respondents returnable on 12th August 2024.

rsk 1 of

41-FA(ST)-6557-2023.doc INTERIM APPLICATION NO.10517 OF 2024.

3.

Interim Application has been preferred seeking stay of the impugned judgment.

4.

Learned AGP submits that the decretal amount along with accrued interest has been deposited in the Reference Court. 5.

In view of the above, interim relief in terms of prayer clauses (b) and (c) which reads thus:

"b) that this Hon'ble Court be pleased to stay the execution, operation and implementation of the Judgment and award dated 7/10/2021 passed by the learned 3rd Joint Civil Judge, Senior Division, Alibag in L. A. R. No.415 of 2016, till the hearing and final disposal of the above mentioned First Appeal; c) interim/ad-interim relief in terms of prayer clause (b) hereinabove."

6.

Learned AGP tenders a copy of the receipt evidencing the deposit of entire decretal amount along with interest. Same is taken on record. Interim application stands disposed of. [Sharmila U. Deshmukh, J.] rsk 2 of