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Bombay High CourtCAS/323/2024ca disposed off

Santosh Chandrabhan Daberao And Other v. Madhukar Deorao Honale And Other

2024-04-25Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

1 14 sa 105.24.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO.

OF 20 Santosh Chandrabhan Daberao and another VS.

Madhukar Deorao Honale and another _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. R.D. Karode, Advocate along with Mr. D.K. Malwande, Advocate for appellants.

CORAM :

G.A. SANAP, J.

DATE :

th APRIL, 2024.

Heard.

2.

Issue notice to the respondents on following substantial question of law.

i) Whether the appellate Court has erred in holding that the respondents-original plaintiffs are project affected persons, in the backdrop of the fact that they transferred the land in favour of the appellants-original defendants by sale deed dated 11.02.2008 and the notification under Section 4 of the Land Acquisition Act, 1894 for acquisition of the said land was published after sale deed in favour of the appellant on 11.02.2008?

2 14 sa 105.24.odt. 3.

Notice be made returnable after six weeks.

Civil Application No.323 of 2024 1.

Heard.

2.

Issue notice to the respondents, returnable after six weeks.

3.

In the meantime, there shall be stay to the judgment and decree passed by the appellate Court dated 25.01.2024 in R.C.A.No.29/2018 till next date of hearing. (G. A. SANAP, J.) manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 25/04/2024 18:58:05