The State Of Maharashtra v. Radhabai B. Maskare

1 904-FA(ST)-21094-2006.doc Digitally signed by WAKLE MANOJ JANARDHAN Date:

2024.04.10 16:38:00 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

WAKLE MANOJ JANARDHAN CIVIL APPELLATE JURISDICTION FIRST APPEAL STAMP NO.21094 OF 2006 WITH CIVIL APPLICATION NO.4353 OF 2007 IN FIRST APPEAL STAMP NO.21094 OF 2006 The State of Maharashtra : Appellant/Orig. Opponent Vs.

Radhabai Babab Maskare : Respondents/Orig. Claimant ------------ Mr. A. R. Patil, AGP for the State.

------------ CORAM :

KISHORE C. SANT, J.

DATE :

4TH APRIL, 2024 P.C. :

1.

First Appeal Stamp No.21094 of 2006 came to be rejected for want of taking steps and for want of deposit of the Deficit Court Fee. 2.

Learned AGP submits that in fact Deficit Court Fee was paid but the same could not be pointed out to the Registry and therefore the First Appeal came to be rejected.

3.

In view of the same, the First Appeal stands restored its original status.

4.

This First Appeal is arising out of the Judgment & Order Manoj

2 904-FA(ST)-21094-2006.doc passed by the Learned Ad-hoc Additional District Judge, Pune enhancing the amount of compensation in L.A.R. No.454 of 2002. The Reference Court i.e. 12th Ad-hoc Additional District Judge, Pune, by way of Judgment & Award dated 13th September, 2005 had enhanced the amount of compensation from Rs.58,706/- awarded by the Learned SLAO to Rs.1,55,610/-. The Learned AGP submits that the amount is within four times of the amount awarded by the SLAO.

5.

Learned AGP thus submits that in view of the GR dated 3rd November, 2016 and 11th May, 2018 bearing No.Sankirn-2014/P.K.41/part1/A-4, he seeks leave to withdraw the Appeal. 6.

Leave granted.

7.

Since the Appeal is disposed of consequently. 8.

In view of the disposal of the Appeal, all the Civil Applications stand also disposed of.

9.

The Court Fee to be refunded as per Rules.

(KISHORE C. SANT, J.) Manoj