IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3108 OF 2000 CIVIL APPLICATION NO.3108 OF 2000 CIVIL APPLICATION NO.3108 OF 2000 IN IN IN FIRST APPEAL NO. 509 OF 1999 FIRST APPEAL NO. 509 OF 1999 FIRST APPEAL NO. 509 OF 1999 Ichalkaranji Municipal Council ...Appellant/Applicant Ichalkaranji Municipal Council ...Appellant/Applicant Ichalkaranji Municipal Council ...Appellant/Applicant Vs. Vs. Vs. Shailajadevi @ V.T.Pratinidhi & Ors. ...Respondents Shailajadevi @ V.T.Pratinidhi & Ors. ...Respondents Shailajadevi @ V.T.Pratinidhi & Ors. ...Respondents Mr.T.S.Ingale, Advocate for Appellant Mr.T.S.Ingale, Advocate for Appellant Mr.T.S.Ingale, Advocate for Appellant Mr.K.K.Tated, A.G.P for State Mr.K.K.Tated, A.G.P for State Mr.K.K.Tated, A.G.P for State Mr.R.S.Apte, Advocate for Respondents Mr.R.S.Apte, Advocate for Respondents Mr.R.S.Apte, Advocate for Respondents CORAM: SHRI D.G. DESHPANDE & CORAM: SHRI D.G. DESHPANDE & CORAM: SHRI D.G. DESHPANDE & SMT. ROSHAN DALVI, JJ. SMT. ROSHAN DALVI, JJ. SMT. ROSHAN DALVI, JJ. DATE : 4TH DECEMBER, 2006. DATE : 4TH DECEMBER, 2006. DATE : 4TH DECEMBER, 2006. P.C. P.C. P.C. 1. In this case the Appellant has deposited fifty 1. In this case the Appellant has deposited fifty 1. In this case the Appellant has deposited fifty percent of the amount of the Award before the Reference percent of the amount of the Award before the Reference percent of the amount of the Award before the Reference Court. The Respondents/claimants are permitted to Court. The Respondents/claimants are permitted to Court. The Respondents/claimants are permitted to withdraw that amount after furnishing security to the withdraw that amount after furnishing security to the withdraw that amount after furnishing security to the satisfaction of the trial Court/Reference Court. satisfaction of the trial Court/Reference Court. satisfaction of the trial Court/Reference Court. 2. If any amount is deposited in this Court, the same 2. If any amount is deposited in this Court, the same 2. If any amount is deposited in this Court, the same be sent/transferred to the trial Court/Reference Court be sent/transferred to the trial Court/Reference Court be sent/transferred to the trial Court/Reference Court immediately. immediately. immediately. 3. Remaining amount, if any, to be deposited by the 3. Remaining amount, if any, to be deposited by the 3. Remaining amount, if any, to be deposited by the concerned Court in Nationalised Bank for a period of 2 concerned Court in Nationalised Bank for a period of 2 concerned Court in Nationalised Bank for a period of 2 years initially, the said period be extended if the Appeal years initially, the said period be extended if the Appeal years initially, the said period be extended if the Appeal is not disposed of within 2 years from today. is not disposed of within 2 years from today. is not disposed of within 2 years from today. 4. On deposit of the Award amount in trial 4. On deposit of the Award amount in trial 4. On deposit of the Award amount in trial Court/Reference Court, Ad-interim stay granted. Court/Reference Court, Ad-interim stay granted. Court/Reference Court, Ad-interim stay granted. 5. The Civil Application is disposed of accordingly. 5. The Civil Application is disposed of accordingly. 5. The Civil Application is disposed of accordingly. (SMT. ROSHAN DALVI, J.) (SHRI D.G. DESHPANDE, J.) (SMT. ROSHAN DALVI, J.) (SHRI D.G. DESHPANDE, J.) (SMT. ROSHAN DALVI, J.) (SHRI D.G. DESHPANDE, J.)