1 ca7167.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7167 OF 2010 IN FIRST APPEAL NO. 2582 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. T.S. Lodhe, AGP for applicants. Mr. S.B. Joshi, Advocate for respondent Nos. 1 to 3. CORAM : K. K. TATED, J. DATE : 20TH DECEMBER, 2010. PER COURT : . Heard the learned Counsel for the parties. 2. Present civil application is preferred by the State of Maharashtra for stay of the judgment and award dated 24-04-2007 passed by the Adhoc District Judge-4 Jalna in L.A.R. No.83 of 1996. 3. The learned A.G.P. appearing on behalf of the applicant submits that the 2 ca7167.10 S.L.A.O. awarded compensation of Rs.2,25,600/- to the original claimants whereas the Reference Court enhanced the same to the tune of Rs.5,58,458/-. He submits that the Reference Court awarded additional compensation of Rs.3,32,858/-. The learned A.G.P. appearing on behalf of the applicant submits that they have good chance of success in the matter. Therefore, interim relief in terms of prayer clause (B) be granted. 4. On the other hand, the learned Counsel appearing on behalf of the respondent Nos. 1 to 3 vehemently opposed the present Civil Application. He submits that the Reference Court has not allowed Reference under Section 18 of the Land Acquisition Act in toto. He further submits that this is a money decree and therefore, the applicant should deposit the entire decretal amount in this Court. 5. It is correct that the the Reference Court did not allow the Reference of the respondents - original claimants in toto. It is further correct that the Reference Court has passed money decree. 3 ca7167.10 6. Considering the submissions made by the learned Counsel appearing on behalf of the parties and averments made in the Civil Application, issue notice to respondent No.4 returnable on 14-03-2011. 7. In the meanwhile, ad interim relief in terms of prayer clause (B), on condition that the applicant to deposit the entire decretal amount alongwith interest and costs in this Court on or before 14-03-2011. Prayer clause (B) reads as under : "(B) Pending hearing and final disposal of First Appeal, impugned judgment and order passed by the Ld. Adhoc Additional District Judge-4, Jalna District Jalna in L.A.R. No.83/1996, dated 24-04-2007 may kindly be stayed." . Stand over to 14-03-2011. [ K. K. TATED, J.] sut/DEC10/ca7167.10