The State Of Maharashra (Thr.The ... vs Kai. Laxman Tukaram Tandel ...
2022 Latest Caselaw 6731 Bom

                                                             1/2            11-ia-256-2019 in fast-25344-2019.doc



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                        INTERIM APPLICATION NO. 256 OF 2019
                                                         IN
                                         FIRST APPEAL (ST) NO. 25344 OF 2019

                     The State of Maharashtra
                     (through the Deputy Collector)                          ...Applicant
                                  Vs.
                     Kai. Laxman Tukaram Tandel
                     (Deceased) through LRs.
                     Shri. Kishor Laxman Tandel & Ors.                       ...Respondents

                                                            .....
        Digitally
        signed by
MAMTA   MAMTA
        AMAR KALE
AMAR    Date:
KALE    2022.07.18

                     Mr. N. B. Patil, for the Applicant / State.
        17:24:51
        +0530




                     None for the Respondents.
                                                            .....

                                              CORAM : SHRIKANT D. KULKARNI, J.

                                               DATE : 15 JULY, 2022

                     P.C.

                     .            It is an application for stay moved by the Applicant / State.


                     2.           Heard Mr. N. B. Patil, learned AGP for the Applicant /
                     State.


                     3.           The Appellant / State has challenged the impugned
                     judgment and award dated 17 April 2018 passed by the learned
                     Mamta Kale
                                        2/2             11-ia-256-2019 in fast-25344-2019.doc



2nd Joint Civil Judge, Senior Division, Alibag in L.A.R.
No.159/2016 and prayed for stay.


4.           The Respondents though duly served with notices,
remained absent, when the matter is called out.


5.           It would be just and proper to grant stay, subject to deposit
of entire decreetal amount in this Court, within three months
from today.
                                   ORDER

(i) The operation and execution of the impugned judgment and award passed by the Reference Court, learned 2nd Joint Civil Judge, Senior Division, Alibag in L.A.R. No.159/2016, is hereby stayed on condition that Appellant / State shall deposit entire decreetal amount with accrued interest thereon, in this Court, within three months from today.

(ii) Inform to concerned Reference Court accordingly.

(iii) List the matter after three months for compliance of this order.

Stand over to 17 October 2022.

(SHRIKANT D. KULKARNI, J.)

Mamta Kale