The State Of Maharashtra.Thr.The ... vs Shri.Laxman Satu Divekar
2024 Latest Caselaw 2598 Bom

Bombay High Court

The State Of Maharashtra.Thr.The ... vs Shri.Laxman Satu Divekar on 29 January, 2024

Author: M.M. Sathaye

Bench: M.M. Sathaye

2024:BHC-AS:4738



                                                                                             6(1) CAF-742-2019.doc




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION
                                         CIVIL APPLICATION NO. 742 OF 2019
                                                         IN
                                           FIRST APPEAL NO. 194 OF 2022

                        The State Of Maharashtra and Anr.                                   ...Applicants/
                                                                                            ...Appellants
                               Versus
                        Shri. Laxman Satu Divekar                                           ...Respondent

                                                      *****
                    Mr. A.R.Patil, Addl. G.P. for Applicants/State.
                    Mr. Jayesh M. Joshi, Advocate for Respondent.

                                                            *****

                                                                     CORAM : M.M. SATHAYE, J.

                                                                     DATE         : 29th JANUARY 2024

                    P.C. :

                    .        This is an application by the Appellant/State for stay of

execution of impugned judgment and award dated 03.09.2016 passed by the Reference Court at Alibag in L.A.R. No. 52 of 2009 (Old L.A.R. 131 of 2009). Learned AGP states that the Appellant/State has deposited the award amount in the Reference Court at Alibag.

2. The learned counsel appearing for the sole Respondent/original claimant states that under the order dated 15.02.2019 passed below Exhibit-18 in Special Darkhast No. 5 of 2017, the Respondent/Claimant has withdrawn 50% of the amount deposited by the State.

6(1) CAF-742-2019.doc

3. Considering the aforesaid facts and circumstances, this Civil Application is allowed in terms of prayer clause (b). The aforesaid impugned judgment and award is stayed during the pendency of the appeal. Civil Application is disposed of.

4. All concerned to act on duly authenticated or digitally signed copy of this order.

(M.M. SATHAYE, J.)