1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Civil Application No.4239 of 2007. In First Appeal No. 300 of 2007. Chandrakant S/o Shridhar Khot and others V Smt. Vatsalabai Jankiram Hatekar and others. -------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri S. V. Sohoni, Advocate for the appellantstitioner. Shri N.R. Saboo, Advocate Respondents no.1 to 10. Coram : A.H. Joshi, J. Dated : 12th December, 2008. 1. In the Second Appeal No.300 of 2007 which is already admitted, this application for interim stay has come up for hearing. 2. It is already brought on record that though the acquisition proceedings including passing of award were completed, physical possession of the land under acquisition, is not taken. 3. In the revenue record, ownership of State Government is already recorded. 4. The fact that the State Government had never taken the physical possession from the land owner neither 2 disputed or challenged, and the appeal is admitted on this ground alone. 5. In these premises, there are no grounds as to why the application for stay should not be favourably considered. 6. At this stage, the learned Advocate Mr. Saboo states that it be clarified that this pendency of Second Appeal would not come in the way of the allottees, in moving the Government for taking steps for taking possession of the land and allotting the same to the allottees. 7. In view of this, Civil Application No.4239 of 2007 is allowed in terms of prayer clause (i). JUDGE /Muley/