1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1189 OF 2009 IN FIRST APPEAL NO. 315 OF 2009 Sou.Laxmi @ Kamini Bhamanna Pujari ... Applicant v/s State of Maharashtra & ors. ... Respondents Mr.N.J.Patil for the applicant. Mrs.S.v.Sonawane, A.G.P. for the Resp. Nos.1 & 2. Mr.V.B.Rajure for the respondent No.3. CORAM: SMT.NISHITA MHATRE, J. DATED: 29TH JULY, 2009 P.C.: 1. The present civil application has been filed for a stay of the execution, operation and implementation of the impugned judgment in Land Reference No.17 of 2005 (old Land Reference No.26 of 2001) to the extent of the plaintiff’s 1/3 share. 2. No affidavit has been filed by the respondent 2 No.3 in the civil application. 3. In my opinion, considering the circumstances in the case, Rule on civil application must be made absolute. 4. Accordingly, Rule is made absolute and the civil application is allowed in terms of prayer clause (b). However, this is without prejudice to the rights of respondent No.3 to contest the claim of the petitioner in the civil application that she is entitled to 1/3 share of the compensation granted in the aforesaid reference. ..... 3