Deputy Collector Land ... vs Kanbi (Patel) Devsibhai ...
2021 Latest Caselaw 1902 Guj

                C/FA/440/2021                              ORDER




               IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                           R/FIRSTAPPEALNO. 440 of 2021

                                    With
                   CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                        In R/FIRSTAPPEALNO. 440 of 2021
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          DEPUTYCOLLECTORLANDACQUISITIONANDREHABILITATION
                               Versus
                  KANBI(PATEL)DEVSIBHAIARJANBHAI
==========================================================
Appearance:
MRBHARATVYAS,AGP(1) for the Appellant(s)No. 1,2
for the Defendant(s)No. 1
MRJINESHH KAPADIA(5601)for the Defendant(s)No. 1.1,1.2,1.3,1.4
MRTUSHARCHAUDHARY(5316)for the Defendant(s)No. 1.1,1.2,1.3,1.4
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 CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                 Date: 09/02/2021

                                   ORALORDER

ORDER IN FIRST APPEAL

Admit.

ORDER IN CIVIL APPLICATION

Rule returnable forthwith.

Learned advocate Mr.Kapadia waives service of notice of rule on behalf of the respective respondents - claimants.

There shall be interim relief by way of stay of the execution, implementation and operation of the impugned judgment and order passed by the Reference Court on condition that the applicant shall deposit the awarded amount by the impugned judgment and award

C/FA/440/2021 ORDER

together with costs and interest within eight weeks before the Reference Court. The Reference Court shall release 50% of the amount deposited by the appellant in favour of the claimants after due verification. The remaining 50% amount shall be invested in cumulative fixed deposit in any nationalized bank initially for the period of three years, to be renewed from time to time till final disposal of the appeal. The claimants shall not be allowed premature withdrawal thereof or to raise any borrowings on the basis of such investment. Original of the Fixed Deposit may be retained in the custody of the Reference Court. Civil Application for stay accordingly is allowed. Rule is made absolute.

(BIRENVAISHNAV,J) VATSAL