Allowed

The State of Maharashtra v. Kana Dhaya Keni D/H Ramdas K.Keni and Ors.

Bombay HC5 Jan 2011CAF/4231/2005

Case brief

AI extract

What is this about?

This order grants the civil applications seeking a stay on the impugned reference order, conditioned on the appellant depositing the awarded amount. It mandates automatic vacation if the deposit is not made.

What did the court decide?

Civil applications granted in terms of the order; interim stay operates subject to the State depositing the entire award with the Reference Court.

The State of Maharashtra Vs Kana Dhaya Keni D/H Ramdas… — Property and Title | Bombay HC (2011)

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caf-4231.05--

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO. 4231 OF 2005

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IN
FIRST APPEAL NO. 2620 OF 2005
WITH

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CIVIL APPLICATION NO. 4232 OF 2005

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IN
FIRST APPEAL NO. 2621 OF 2005
WITH

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CIVIL APPLICATION NO. 4233 OF 2005

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IN
FIRST APPEAL NO. 2622 OF 2005
WITH

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CIVIL APPLICATION NO. 4234 OF 2005
IN
FIRST APPEAL NO. 2623 OF 2005

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The State of Maharashtra.

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... Applicant.

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V/s.

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Shri Kana Dhaya Keni (Dead)
represented by L.Rs.
Shri Ramdas Kana @ Kanha Keni & ors.

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... Respondents.

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A.R.Patil, AGP for the applicant.

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Sachin Punde for respondent Nos.1 to 3.

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CORAM :V.C.DAGA AND R.G.KETKAR, JJ.
DATED : 5th January 2011.

caf-4231.05--

P.C. :

Heard learned counsel for the rival parties.
Perused civil applications.

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2.Interim stay in terms of prayer clause (b) to
operate, subject to the appellant depositing entire amount
with the Reference Court as per the reference order/
judgment and award passed by the learned Civil Judge,
Senior Division, Panvel impugned in these appeals.

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3.In the event of deposit, if the application for
withdrawal of the same is not filed within four weeks
thereafter, the Reference Court shall invest the said
amount with any nationalised bank, initially, for a period
of 36 months and shall keep the said investment renewed
from time to time till further orders.

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4.In the event application for withdrawal is made,
an intimation in that behalf shall be given to the
Reference Court by the respondent/claimant and in that
event Reference Court is expected to seek further orders
from this Court. Application for withdrawal, if made,
shall be considered by this Court on its own merits.

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5.In the event of non-deposit by the State/
appellant, the interim order shall stand vacated
automatically.

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6.The civil applications are made absolute in terms
of this order with no order as to costs.

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 (R.G.KETKAR, J.) (V.C.DAGA, J.)

The State of Maharashtra v. Kana Dhaya Keni D/H Ramdas K.Keni and Ors.

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. Kana Dhaya Keni D/H Ramdas K.Keni and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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