Application for stay on Land Acquisition authority's decree allowed subject to 75% deposit. First appeal admitted with procedural directions given.
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4-CAF-282-2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .
CIVIL APPLICATION (F) NO. 282 OF 2022 IN FIRST APPEAL NO. 167 OF 2022
(Vidarbha Irrigation Development Corporation Vs. Sanjaykumar Ramashankar Tiwari &
Ors.)
Office Notes, Office Memoranda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.
Ms. A.S. Athalye, Advocate for the applicant/ appellant.
Mr. A.A. Madiwale, A.G.P. for respondent Nos. 3 & 4/ State.
CORAM : A.S. CHANDURKAR & PUSHPA V. GANEDIWALA, JJ. FEBRUARY 08, 2022.
Heard.
2] This is an application filed under Order 41 Rule 5 of the Code of Civil Procedure for grant of stay to the impugned judgment and decree dated 25/03/2021 passed by the Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Nagpur in Case No. 87/NGP/NGP/2018.
3] Ms. Athalye, learned counsel for the applicant/ appellant submits that the applicant is ready to deposit 75% of the decreetal amount.
4] Given the aforesaid submission, there shall be an ad-interim stay to the effect and operation of the impugned judgment and decree dated
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4-CAF-282-2022
25/03/2021 passed by the Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Nagpur in Case No. 87/NGP/NGP/2018, subject to deposit of 75% of the decreetal amount by the applicant within a period of twelve weeks.
5] The Civil Application stands disposed of.
FIRST APPEAL NO. 167 /2022 .
6] Admit.
7] Mr. A.A. Madiwale, learned A.G.P., waives service of notice for respondent Nos. 3 and 4.
8] Call R & P.
9] The appellant to file private paper-book within a period of six months.
(JUDGE) (JUDGE)
Sumit
Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:08.02.2022 17:55
1 issue framed by the court
whether to grant ad-interim stay on impugned judgment and decree submitted under CPC
2 provisions across 2 enactments
Videoarbha Irrigation Development Corporation (Vidarbha Irrigation Development Corporation)
Sanjaykumar Ramashankar Tiwari & Ors.
State
A.S. CHANDURKAR
PUSHPA V. GANEDIWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
