The Commissioner, Nashik ... vs Shri. Murlidhar Kondaji Jadhav ...
2023 Latest Caselaw 533 Bom

                                                       10. caf.3719.2015.doc


 Amol
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

              CIVIL APPLICATION NO. 3719 OF 2015
                               IN
                 FIRST APPEAL NO. 1183 OF 2015
 The Commissioner, Nashik Municipal
 Corporation, Nashik                      Applicant
                   V/s.
 Shri. Trimbak Chotu Pawar and Anr.       Respondents.
                             WITH
              CIVIL APPLICATION NO. 3720 OF 2015
                               IN
                 FIRST APPEAL NO. 1182 OF 2015

 The Commissioner, Nashik Municipal
 Corporation, Nashik                       Applicant
                   V/s.
 Ramchandra Bhadaji Jadhav (Dead) his
 Lrs. 1. Jayram R. Jadhav (Dead) his Lrs.
 1A. Damyanti J. Jadhav and Ors            Respondents.
                              WITH
               CIVIL APPLICATION NO. 3717 OF 2015
                                IN
                  FIRST APPEAL NO. 769 OF 2017

 The Commissioner, Nashik Municipal
 Corporation, Nashik                      Applicant
                   V/s.
 Shri. Murlidhar Kondaji Jadhav and Ors.  Respondents.
                              WITH
                 FIRST APPEAL NO. 1180 OF 2015

 The Commissioner, Nashik Municipal
 Corporation, Nashik                      Appellant
                  V/s.
 Shri. Kashinath Mahadu Jadhav and
 Ors.                                     Respondents.
                             WITH
               CIVIL APPLICATION NO. 699 OF 2016
                               IN



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                                                                      10. caf.3719.2015.doc


                          FIRST APPEAL NO. 769 OF 2017

 The Commissioner, Nashik Municipal
 Corporation, Nashik                                       Applicant
                  V/s.
 Shri. Murlidhar Kondaji Jadhav (since
 deceased) by Lrs. Indubai Murlidhar
 Jadhav and Ors.                                           Respondents.

                                   ....
 Mr. Murlidhar L. Patil for the Petitioner.

 Ms. Bhavna Khemani for Respondent.

 Mr. A. R. Patil Additional G. P. for State/Respondent.
                             CORAM : K. R. SHRIRAM &
                                           RAJESH S PATIL, JJ.

                                       DATED     : 16th January, 2023


 P.C.:
                               CIVIL APPLICATION NO. 3719 OF 2015
                                           WITH
                               CIVIL APPLICATION NO. 3720 OF 2015
                                           WITH
                               CIVIL APPLICATION NO. 3717 OF 2015

1. These are three applications for stay of the execution/operation

and effect of impugned judgment and order dated 6 th August, 2012

passed by joint Civil Judge Senior Division, Nashik in land reference No.

404/2001.

2. Mr. Patil states that the decretal amount has been deposited and

tenders a copy of letter dated 19th July, 2016 from Estate Manager of

Nashik Municipal Corporation addressed to the Civil Judge Senior

10. caf.3719.2015.doc

Division, Nashik, to which is also annexed a statement and copies of

cheques for Rs. 20,609,092/- and 19,50,182/- .

3. Mr. Patil makes a statement that the total of these two cheques

covers the entire decretal amount in all the four appeals. Letter dated

19th July, 2016 with the enclosure is taken on record and marked 'X' for

identification.

4. In view of the statement made by Mr. Patil, the

execution/operation and effect of impugned judgment and order dated

16th August, 2012 is stayed.

5. Applications disposed. Appeals be listed for final hearing as per

its turn in due course.

6. Respondent may apply for withdrawal of the amount and Court

will dispose the same in accordance with law.

CIVIL APPLICATION NO. 3718 of 2015

7. Though this application is not listed today, by consent taken up

for hearing. In view of the order passed above in Civil Application

No.3719 of 2015, Civil Application No. 3720 of 2015 and Civil

Application No.3717 of 2015, this application is also allowed on the

10. caf.3719.2015.doc

same terms and disposed.

CIVIL APPLICATION NO. 699 of 2016

8. In this application it is corporation's case that before the

impugned judgment and order dated 6th August, 2012 was passed the

interested person, i.e., Pundalik Kondaji Jadhav had died on 18 th

December 2009 and Shirdhar Kondaji Jadhav had died on 19 th August,

2010. Therefore, to that extent the impugned order is to be set aside.

9. Ms. Khemani states that two weeks time be given to enable her to

take instructions and file response. Ms. Khemani states that

beneficiary / person who is entitled to compensation has expired and

legal heirs did not take steps promptly to be brought on record. The

same does not mean the corporation can take the land away without

paying any compensation.

10. Affidavit in reply to be filed and copy served within two weeks

from today. Rejoinder, if any, to be filed and copy served within a week

thereafter.

11. Civil Application No. 699 of 2016 be listed for hearing on 16 th

February, 2023.

(RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.)