Sulochana Ramchandra Jadhav ... vs The State Of Maharashtra And Anr. ...
2022 Latest Caselaw 6182 Bom

P.H. Jayani                                      44(A) IA3533.2022.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 3533 OF 2022
                                  IN
                     FIRST APPEAL NO. 615 OF 2022

Sulochana Ramchandra Jadhav (since
deceased through legal heirs) :
Rajesh Ramchandra Jadhav and ors.                      .... Applicants

In the matter between :-
The State of Maharashtra and anr.                      .... Appellants
           v/s.
Sulochana Ramchandra Jadhav (since
deceased through legal heirs) :
Rajesh Ramchandra Jadhav and ors.                      .... Respondents


Mr. Sachin Gite for the Applicants.
Mr. N.B. Patil, AGP for the Appellant - State.

                         CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 01st JULY, 2022.

P. C. :-

. By this Application, the Applicants have sought withdrawal of the

compensation deposited by the Appellant - State as per the impugned

judgment and award dated 14/11/2018 passed by the learned Civil

Judge, Senior Division, Nashik in Land Reference Nos.253/2010.

2. In view of the reasons stated in the Application and the grounds

raised in the Appeal memo, 50% of compensation along with

P.H. Jayani 44(A) IA3533.2022.doc

proportionate interest accrued thereon is ordered to be paid to the

Applicants.

3. The Applicants shall file an undertaking before the Claims

Tribunal, Nashik that they shall refund the amount with interest in the

event the Appellant - State succeeds in the Appeal. The Tribunal to re-

invest the balance amount of compensation in FDR in any nationalized

bank until further orders.

4. Interim Application stands disposed of. PREETI H JAYANI Digitally signed by PREETI H JAYANI Date: 2022.07.06 15:11:32 +0530 (SMT. ANUJA PRABHUDESSAI, J.)