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CA/3839/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 3839 of 2011
In
FIRST APPEAL No. 731 of 2011
To
CIVIL
APPLICATION No. 3854 of 2011
In
FIRST APPEAL (STAMP NUMBER) No. 3200 of 2010
=========================================================
SPL.
LAND ACQUISITION OFFICER & 1 - Petitioner(s)
Versus
DHARAMSINH
LAGHARABHAI - Respondent(s)
=========================================================
Appearance
:
MS
MOKSHA THAKKAR AGP for Petitioner(s) : 1 - 2.
MR MD VAKIL for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 11/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. Rule.
Mr.Vakil appearing for the original claimant waives notice of Rule.
2. All
the applications are for interim injunction pending first appeal
against the judgment and award passed by the Reference Court which is
impugned in the concerned First Appeal.
3. Considering
the facts and circumstances, there shall be interim injunction
against execution and implementation of the judgment and award passed
by the Reference Court on condition that the applicant deposits the
entire awarded amount together with the cost and interest with the
Reference Court within a period of four weeks from today.
4. We
have heard learned counsel appearing for both the sides on the aspect
of withdrawal.
5. Considering
the facts and circumstances, out of the amount which may be
deposited, the original claimant shall be permitted to withdraw 50%
of the amount and remaining 50% of the amount shall be invested by
the Reference Court in a nationalized bank initially for a period of
three years and such investment shall be renewed from time to time
until the appeal is finally disposed of. The investment shall be made
in the name of original claimant. The original FDR shall be kept with
the Nazir of the Reference Court.
6. All
the applications are disposed of. Rule is made absolute.
(JAYANT
PATEL, J.)
(G.B.SHAH,
J.)
Hitesh
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