Case Note & Summary
The case involved a civil appeal concerning the release of enhanced compensation to the appellants, Kashinath Basappa Janapure, against the M.I.D. Corporation. The appeals were directed against interim orders passed by the High Court of Judicature at Bombay, which had rejected the appellants' reasonable prayer for the release of compensation. The Supreme Court, after hearing the parties, found merit in the appellants' request. It ordered that 50% of the enhanced compensation be released without requiring security, while the remaining 50% would be released upon the appellants furnishing security to the satisfaction of the Collector. The court disposed of the appeals accordingly, emphasizing the reasonableness of the appellants' prayer.
Headnote
A) Civil Procedure - Interim Relief - Release of Enhanced Compensation - Code of Civil Procedure, 1908 - The appellants sought the release of enhanced compensation, which was partially granted by the court. The court directed that 50% of the enhanced compensation be released without security, while the remaining 50% would be released upon furnishing security to the satisfaction of the Collector. Held that the appellants' prayer was reasonable and warranted acceptance (Paras 3-4).
Issue of Consideration
Whether the appellants' prayer for release of enhanced compensation should be granted.
Final Decision
The Supreme Court directed that 50% of the enhanced compensation be released without security, while the remaining 50% would be released upon furnishing security to the satisfaction of the Collector.
Law Points
- Interim orders
- Enhanced compensation
- Security for release
