:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 6230 OF 2007 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Ms.Geeta P.Mulekar for the petitioner. Mr.Sameer Patil, AGP for respondent nos.1,2 and 4. Mr.A.B.Tajane for Respondent no.4. CORAM: S.C.DHARMADHIKARI, J. DATED: 28TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. The impugned order is inter-locutory and passed during the course of the hearing of the Appeal. If the final order in the Appeal is adverse to the petitioner, then, while challenging the same, the petitioner can raise appropriate pleas with regard to the rejection of the subject Application invoking the jurisdiction of the lower Appellate Court under Order 41 Rule 27 of the CPC. Keeping open, all such pleas, the present petition is disposed :2: :2: :2: off. 2. It appears that a grievance is made that pendency of the proceedings before the Civil Court and the lower Appellate court has led to the amount of Rs.1,67,235/- awarded as compensation for the acquisition of the subject land, being not disbursed and allowed to be withdrawn by the Claimants. This fact is mentioned in the Affidavit of Respondent no.3 and Mr.Tajane contends that there is no denial of the same. If this is the position on record, then, the Special Land Acquisition Officer to consider this request of the Respondent no.3 and other Claimants and allow them to withdraw the amount lying with him or disburse the same otherwise. Needless to state, that, all this will be without prejudice to the rights and contentions of the parties in the subject Appeal. The lower Appellate Court to now hear and dispose off the Appeal expeditiously, and in any event, within a period of six (6) months from today. :3: :3: :3: sd/- ********