Shri. Dharma Sakharam Mhatre (Deceased Through His Legal Heirs) Smt. Narmada D. Mhatre And ORS. v. The State Of Maharashtra (Through The Special Land Acquisition Officer)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.152/2018 in Cross Objection (ST) No.28818/2011 in First Appeal No.1572/2002 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Vikrant A. Desai h/f. S. M. Kamble for the Applicant Mr. A. R. Patil, AGP for the State.

CORAM

: K.K.TATED, J.

DATED : JULY 4, 2019 P.C.

Heard. By this Civil Application, the Applicant - claimant is seeking permission to place on record a copy of the judgment and award passed by the Reference Court in LAR No.472/2000 to justify his claim in cross objection.

The learned AGP for the State has vehemently opposed the Civil Application. He submits that there is no question of bringing on record the judgments and award passed by the Reference Court in another LAR. At the most the Applicant can refer those judgments at the time of final hearing.

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Considering the submissions made by the learned counsel for the Applicant I am satisfied that the Applicant has made out a case for allowing them to place on record a copy of the judgment and award passed by the Reference Court in LAR No.472/2000 in the Cross Objection.

Same can be considered on its own merits at the time of final hearing.

Hence, following order is passed:

a.

The Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) This Hon'ble Court be pleased to permit the Applicant to produce and lead additional evidence in the above First Appeal and the Cross Objection by submitting documents of judgment and awards passed in LAR No.472/2000."

b.

Amendment to be carried out in cross-objection on or before 03.08.2019 failing which the Civil Application shall stand dismissed without further reference to the court.

c.

If amendment is carried out within stipulated time as stated hereinabove, 2/3

the Applicant is directed to serve an amended copy of the Cross Objection, on the State, immediately thereafter.

d.

Civil application stands disposed off accordingly.

(K.K.TATED, J.) 3/3