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CA/8420/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 8420 of 2010
In
FIRST
APPEAL No. 2164 of 2010
With
CIVIL
APPLICATION No. 8421 of 2010
In
FIRST APPEAL No. 2165 of 2010
To
CIVIL
APPLICATION No. 8423 of 2010
In
FIRST APPEAL No. 2167 of 2010
=========================================================
SPECIAL
LAND ACQUISITION OFFICER & 1 - Petitioner(s)
Versus
RABARI
KANJI TALJABHAI - Respondent(s)
=========================================================
Appearance
:
MR KL PANDYA, APP for
Petitioner(s) : 1 - 2.
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 20/08/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
All
the applications are for interim injunction pending the First
Appeals against the judgement and award of the Reference Court which
are impugned in the concerned First Appeal.
Heard
Mr.Pandya, learned AGP for the State and Mr.Thakor appearing for the
original claimants in Civil Applications No.8422/10 and 8423/10.
Considering
the facts and circumstances, the interim injunction cannot be
granted unconditionally. Therefore, by interim order, it is
directed that there shall be stay against the execution and
implementation of the judgement and award passed by the Reference
Court on the condition that the applicants deposit the entire
awarded amount within a period of six weeks from today.
We
have also considered the matter on the aspects of withdrawal.
Considering
the facts and circumstances, out of the amount which may be
deposited by the applicants as per the above referred condition, 50%
of the amount shall be permitted to be withdrawn to the original
claimants and the remaining 50% of the amount shall be invested with
the Nationalised Bank initially for a period of 3 years and such
investment shall be renewed from time to time until First Appeals
are finally disposed of.
Applications
disposed of accordingly. Liberty to the claimants of Civil
Applications No.8420/10 and 8421/10 to apply for modification if
they are aggrieved by any of the observations made in the present
applications.
(JAYANT PATEL, J.)
(BANKIM
N. MEHTA, J.)
*bjoy
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