Prakash S. Wagh Since Deceased ... vs Special Land Acquisition Officer
2021 Latest Caselaw 2891 Bom

                                                      8.IA.2643.19 in FA.804.17.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 2643 OF 2019
                                    IN
                       FIRST APPEAL NO. 798 OF 2017

   Prakash S. Wagh (since deceased)
   through Legal Heirs & Ors.                     ...     Applicants
                                                  (Orig. Appellants)
   In the matter between
   Neeta @ Leela Manohar Kukreja & Ors.           ...     Appellants
          Versus
   Special Land Acquisition Officer               ...     Respondent
                                                  (Orig. Opponent)

                   INTERIM APPLICATION NO. 2645 OF 2019
                                    IN
                       FIRST APPEAL NO. 799 OF 2017

   Prakash S. Wagh (since deceased)
   through Legal Heirs & Ors.                     ...     Applicants
                                                  (Orig. Appellants)
   In the matter between
   Tikamdas Bhagwandas Kukreja & Ors.             ...     Appellants
          Versus
   Special Land Acquisition Officer               ...     Respondent
                                                  (Orig. Opponent)

                   INTERIM APPLICATION NO. 2642 OF 2019
                                    IN
                       FIRST APPEAL NO. 804 OF 2017

   Prakash S. Wagh (since deceased)
   through Legal Heirs & Ors.                     ...     Applicants
                                                  (Orig. Appellants)
   In the matter between
   Tikamdas Bhagwandas Kukreja & Ors.             ...     Appellants
          Versus
   Special Land Acquisition Officer               ...     Respondent
                                                  (Orig. Opponent)

Waghmare                                1   / 2
                                                                8.IA.2643.19 in FA.804.17.doc

   Mr. Mandar Soman a/w Mr. Gobinda C. Mohanty i/b Mohanty & Associates for
   the Applicants.
   Mr. A.R. Patil, Addl. G.P. for the Respondent-State.
                                          .........
                                      CORAM       :    K.K. TATED &
                                                       R.I. CHAGLA, JJ.

                                      DATE        :    12th FEBRUARY, 2021.
   P.C. :-

   1               Heard learned Counsel for the Applicants.

   2               By these Interim Applications, the Applicants are seeking

directions against the Respondent to deposit the awarded amounts in terms of

the judgment and award dated 23.12.2016 passed by the Reference Court.

3 When this Court decline to entertain these Interim Applications

because the Applicants have alternate efficacious remedy to execute this

award, the learned Counsel for the Applicants submits that the Applicants may

be permitted to withdraw the Interim Applications with liberty to file

appropriate proceedings before the Reference Court for recovery of the said

amount. To that effect he has given in writing. Same is taken on record and

marked 'X' for identification. Same is accepted.

4 The Interim Applications stand disposed of as withdrawn with

liberty as prayed for.

Digitally 5 No order as to costs. Waishali signed by Waishali S.

Waghmare S.

Waghmare Date:

2021.02.16 23:25:48 +0530

( R.I. CHAGLA, J. ) ( K.K. TATED, J. )

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