1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1763 OF 2008 IN FIRST APPEAL NO.660 OF 2008 Ichalkaranji Municipal Council Through its Chief Officer, Ichalkaranji, Dist.Kolhapur : Applicant versus Shri Vishvanath Nilkanth Datar & ors. : Respondents. Shri T.S.Ingale for the Applicant. Shri P.M.Arjunwadkar for the Respondent No.1. Shri S.N.Gavade, AGP, for Respondent Nos.2 and 3. CORAM : R.M.SAVANT, J. DATED : AUGUST 01, 2008 P.C. 1. By the above Civil Application, the Applicant prays for stay to the Judgment and Decree dated 29.12.2007 passed by the Learned Civil Judge, Senior Division, Ichalkaranji in Special Civil Suit No.201 of 2005. The said decree passed in favour of Respondent No.1 is a money decree for an amount of Rs.3,49,580/-. The said suit 2 was filed by the Respondent No.1 herein claiming that though the land owned by him has been acquired, he has not been paid compensation. It appears that the compensation in respect of the land in question was paid to a wrong person by the Special Land Acquisition Officer. The learned Counsel appearing for the Applicant states that the decree holder i.e. The Respondent No.1 may execute the said decree against the State Government, as the Municipal Council has already deposited the aforesaid amount with the State Government prior to acquisition proceedings being initiated, and payment to the decree holder would amount to the Applicant paying the amount twice over for the same acquisition. 2. In my view, that is an issue between the Municipal Council and the State Government and, the decree holder cannot be deprived of the amount merely on the ground that there is a dispute between the Governmental authorities and the Municipal Council. Hence interim relief in terms of prayer clause (a) is granted on the condition that the Applicant shall deposit the decretal amount in the trial Court 3 within a period of eight weeks from date. In the event the amount is deposited, the Respondent No.1/decree holder will be entitled to file an application for withdrawal of the said amount, which application would be considered on its own merits. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J]