1

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

CIVIL APPLICATION NO.11419 OF 2011

IN FAST/16958/2011

WITH

CA/11415/2011 IN FAST/16994/2011

WITH

CA/11417/2011 IN FAST/16989/2011

THE STATE OF MAHARASHTRA AND ANR

VERSUS

VIJAYKUMAR SHANKARRAO INGALE AND ANR

...

Advocate for Applicants : Mr.VP Kadam, AGP.

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CORAM :

K.K.TATED, J.

DATE :

2 ^nd September,2014.

PER COURT :

1)

Heard learned AGP for applicants.

2)

These Civil Applications are preferred by

original respondent/State of Maharashtra for stay of

operation and implementation of impugned Judgment and

Award dated 6.1.2010 passed by the Reference Court in

LARs, awarding enhanced compensation in respect of

acquired lands.

3)

Learned AGP submits that if the entire

amount is recovered by the respondents in Execution

application, nothing will survive in these

applications. He submits that in the interest of

justice, impugned order be stayed during pendency of

present First Appeals.

4)

I have heard learned AGP for applicant.

Considering the submissions made by learned AGP for

2

applicant and after going through the impugned

judgment, it is correct that if the entire amount is

recovered by the respondents in execution

application, nothing will survive in First Appeals.

Hence, I am of the opinion that the applicant has

made out case for ad interim relief, but on some

terms and conditions.

5)

Rule.

6)

Rule made returnable after 12 weeks.

7)

In addition to usual mode of service,

applicant is permitted to serve the respondent by

private notice either by RPAD and or by hand delivery

and file affidavit of service to that effect.

8)

Operation and implementation of the impugned

judgment and Award dated 6.1.2010 passed by Civil

Judge, Senior Division, Nilanga in LARs is stayed

till next date on condition that the applicant to

deposit entire decreetal amount along with interest

and costs before Reference court within 12 weeks from

today, failing which, interim protection shall stand

vacated without referring back to the court.

(K.K.TATED,J.)

bdv/