The State Of Maharashtra And ANR v. Mallikarjun Shivling Umbare

32.3689.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3689/2015 WITH CIVIL APPLICATION NO.3690/2015 IN FIRST APPEAL (ST) NO.33409/2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. R. Patil, AGP for the Applicant State. CORAM : K. K. TATED, J.

DATE : JANUARY 27, 2016 P.C.:

1.

Heard. This Application is made by the State of Maharashtra for condonation of 111 days delay in preferring the appeal challenging the award dated 29/04/2010 passed by the Civil Judge, Senior Division, Barshi, Dist. Solapur in LAR No.806/2002 by which the Reference Court awarded compensation of Rs.780/- to the respondent-claimant.

3.

It is to be noted that, the amount which is awarded by the Reference Court is a very meager amount i.e. Rs.780/-. For this small amount, to call the respondent/ claimant to defend the appeal is not feasible. Hence, though there is delay of 111 days in preferring the first appeal, I am of the Basavraj G Patil 1/2

32.3689.15-caf opinion that considering the meager amount involved in the first appeal, the civil application is liable to be dismissed.

4.

It is made clear that this order shall not be treated as a precedent in any other connected matters because the civil application is dismissed only on the ground that the amount involved in the appeal is very meager. Hence, civil application stands dismissed.

5.

Consequently, the registration of the first appeal stands rejected.

6.

In view of thereof, civil application for stay of the impugned order stands dismissed as infructuous.

7.

Refund of court fees, as per Rules.

JUDGE Basavraj G Patil 2/2