Rajendra Gopal Thakur Since Deceased Thr. Jagruti Rajendra Thakur And ORS. v. The State Of Maharashtra Thr. The Deputy Collector ( Land Acquisition ) And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10820 OF 2025 IN FIRST APPEAL NO. 771 OF 2025 Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2025.09.20 16:34:49 +0530 MANGALTAI JAYWANT JADHAV Rajendra Gopal Thakur Since Deceased Thr.

Jagruti Rajendra Thakur And Ors.

... Applicants/Appellants Vs.

The State Of Maharashtra Thr. The Deputy Collector (Land Acquisition) And Anr.

... Respondents WITH FIRST APPEAL NO. 771 OF 2025 WITH INTERIM APPLICATION NO. 4002 OF 2021 IN FIRST APPEAL NO. 771 OF 2025 The State Of Maharashtra Thr. The Deputy Collector (Land Acquisition) And Anr.

... Appellants/Applicants Vs.

Manohar Vitthal Thakur And Ors.

... Respondents Mr. D. J. Haldankar, AGP for the State in IA/4002/2021 and FA/771/2025.

Ms. Manvi Sharma i/b Saurabh Butala for the Applicant in IA/10802/2025 and for the Respondent in IA/4002/2021 and FA/771/2025.

Page no. 1 of 4

CORAM : GAURI GODSE, J.

DATED : 19th SEPTEMBER 2025 ORDER:

INTERIM APPLICATION NO. 10820 OF 2025 1.

This application is filed by the original claimants who are respondents in the first appeal. The application is filed for bringing on record the names of heirs and legal representatives of deceased respondent no.3.

2.

Learned counsel for the applicant submits that there is a typographical error in paragraph (c) by mentioning respondent no.4 in place of respondent no.3 in the second line. She however submits that application is filed to bring on record names of heirs and legal representatives of respondent no.3.

3.

In the facts and circumstances of the case, delay is condoned and the application is allowed in terms of prayer clauses (a), (b) and (c).

4.

The proposed respondent nos. 3/1, 3/2, 3/3 be brought on record in the first appeal as heirs of deceased respondent no.3. 5.

Learned AGP shall carry out necessary amendment in the first appeal and pending applications within four weeks from today. Page no. 2 of 4

INTERIM APPLICATION NO. 4002 OF 2021 6.

This application is for seeking stay to the execution of the impugned order passed in land acquisition reference. 7.

The first appeal is already admitted.

8.

The respondents (claimants) are served and are represented through advocate.

9.

Subject to the applicant depositing the entire amount within 12 weeks with interest as per the impugned order, there will be interim stay in terms of prayer clause (b) during the pendency of the first appeal.

10.

It is clarified that if the amount is not deposited within the time granted by this order, the interim stay granted by this order shall stand vacated without further reference to the Court. 11.

If the amount is deposited, the respondent (claimants) shall be permitted to withdraw 50% of the amount on production of authenticated copy of this order before executing Court. The balance 50% of the amount shall be permitted to be withdrawn on furnishing Bank guarantee to the satisfaction of the executing Court. 12.

Interim Application is disposed of in the aforesaid terms. Page no. 3 of 4

FIRST APPEAL NO. 771 OF 2025 13.

Printing is dispensed with.

14.

Learned AGP shall file private paper-book within a period of one year from today.

(GAURI GODSE, J.) Page no. 4 of 4