The State Of Maharashtra (Through The ... vs Shri. Gajanan Mahadeo Warge
2024 Latest Caselaw 2605 Bom

Bombay High Court

The State Of Maharashtra (Through The ... vs Shri. Gajanan Mahadeo Warge on 29 January, 2024

Author: M.M. Sathaye

Bench: M.M. Sathaye

                                                                    8(1) CAF-4351-2018.doc




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                      CIVIL APPLICATION NO. 4351 OF 2018
                                      IN
                         FIRST APPEAL NO. 196 OF 2022
     The State Of Maharashtra and Anr.                              ...Applicants/
                                                                    ...Appellants
            Versus
     Shri. Gajanan Mahadeo Warge                                    ...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 08.09.2017 passed by the Joint Civil Judge, Senior Division, Alibag in L.A.R. No. 16 of 2009 (Old L.A.R. 73 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under the order dated 31.08.2019 passed below Exhibit-9 in Special Darkhast No. 31 of 2018, the Respondent/Claimant has withdrawn 50% of the amount deposited by the State.

3. Considering the aforesaid facts and circumstances, this Civil

8(1) CAF-4351-2018.doc

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.)