THE ADDL. SPL. LAND ACQ. OFFICER Versus SAVITABEN ISHWARBHAI PATEL ================================================================ Appearance:
MS MANISHA LAVKUMAR SHAH WITH MR DHAWAN JAYSWAL AGP for the PETITIONER(s) No. for the RESPONDENT(s) No. ================================================================ CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT and HONOURABLE MR.JUSTICE A.G.URAIZEE Date : 19/02/2019 Page 1 of 2 C/FA/858/2018 IA ORDER COMMON IA ORDER (PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)
1. Heard learned advocates for the parties.
2. The Court is of the view that when the order dated 18 th April, 2018 is only an interlocutory order and the Rule nisi is issued, which is yet to be made either absolute or discharged, we deem it proper to leave the liberty to the applicant to seek indulgence from the court on the submission qua depositing the lesser amount than the award and this order in that eventuality may not be treated as impediment for making this submission. Learned advocates for the parties, therefore, would be at liberty to make their submission as and when Civil Application No. 1 of 2018 is taken up for hearing and this order of depositing the entire awarded amount not be treated as binding on either parties from making their submissions properly. Time limit for depositing the awarded amount may be fixed by the Court that may hear the Civil Application No.1 of 2018.
3. In that view of the matter, we do not propose to pass any order. Civil Applications are disposed of accordingly.
4. Registry is directed to keep copy of this order in each matter.
(S.R.BRAHMBHATT, J) (A.G.URAIZEE, J) P.S. JOSHI Page 2 of 2