The State Of Maharashtra Through ... vs Shri. Shankar Bama Pethkar ...
2021 Latest Caselaw 17986 Bom

Dusane                                       1/3           27 CAF 1166.18 in FA 621.21.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION
                 CIVIL APPLICATION NO. 1166 OF 2018
                                 IN
                    FIRST APPEAL NO.621 OF 2021



    The State of Maharashtra                       ....   Applicant

            Vs.

    Shri. Shankar Bama Pethkar       ....                 Respondents
    since deceased thru' legal heirs
    Smt. Parvatibai Shankar Pethkar
    & Ors.


    Mr. Y.Y. Dabke, AGP for Applicant-State.

                                        Coram : MADHAV J. JAMDAR, J.

Date : 23rd DECEMBER, 2021 P.C.:

1. Heard Mr. Dabke, learned AGP for the Applicant.

Although the Respondents are duly served, none appears for the

Respondents.

2. By separate order dated 23rd December, 2021, the

First Appeal is admitted.

3. By order dated 15th February, 2019 passed in this

Civil Application, subject to deposit of the entire amount as

Dusane 2/3 27 CAF 1166.18 in FA 621.21.doc

granted by the impugned order in the Reference Court, within a

period of eight weeks, ad-interim relief of stay of execution and

implementation of the impugned judgment and order was

granted.

4. Mr. Dabke, learned Additional Government Pleader

appearing for the applicant states that most probably the order

dated 15th February, 2019 is complied with and amount is

deposited in this Court, however, he has no positive instructions.

5. Mr. Dabke further states that if in the event, the

amount is not deposited as per order dated 15 th February, 2019,

then the same will be deposited with entire accrued interest

within a period of six weeks from today. As the applicant is

ready and willing to deposit the entire decretal amount with

accrued interest on deposit of said amount within said period of

six weeks, execution of judgment and award dated 29 th

December, 2014 passed by Civil Judge, Senior Division, Panvel in

L.A.R. No. 21 of 2002 is stayed till the hearing and final disposal

of the First Appeal.

Dusane 3/3 27 CAF 1166.18 in FA 621.21.doc

6. It is clarified that the Respondents-Original claimants

are entitled to withdraw 50% of the amount as deposited on

submitting an undertaking to this Court that in case the appeal

is allowed, the Respondents- claimants will bring back the

amount with accrued interest in this Court as per further

directions.

7. The Civil Application is disposed of in aforesaid terms.

( MADHAV J. JAMDAR, J. )