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Bombay High CourtRA/40/2018disposed offdismissed for default

Maruti Manik Jadhav And Others v. The State Of Maharashtra Thr Collector Beed And ANR

2018-01-16Hon'Ble Shri Justice M.S. Sonak2 pages

{1} revappln1270.17.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION ST. NO. 1270 OF 2017 IN FIRST APPEAL NO. 2539 OF 2015 Maruti Manik Jadhav & others Applicants

Versus

The State of Maharashtra & another Respondents Mr. M.G. Deokate, advocate for applicants.

Mr. A.M. Phule, AGP for respondent no. 1.

Mr. S.S. Dande, advocate for respondent no. 2. WITH REVIEW APPLICATION ST. NO. 1272 OF 2017 IN FIRST APPEAL NO. 2538 OF 2015 Ashraji Santaram Jadhav (Deceased through LRs) & others Applicants

Versus

The State of Maharashtra & another Respondents Mr. M.G. Deokate, advocate for applicants.

Mr. A.M. Phule, AGP for respondent no. 1.

Mr. S.S. Dande, advocate for respondent no. 2. WITH REVIEW APPLICATION ST. NO. 1274 OF 2017 IN FIRST APPEAL NO. 2537 OF 2015 Balbhim Namdeo Jadhav & another Applicants

Versus

{2} revappln1270.17.odt The State of Maharashtra & another Respondents Mr. M.G. Deokate, advocate for applicants.

Mr. A.M. Phule, AGP for respondent no. 1.

Mr. S.S. Dande, advocate for respondent no. 2. CORAM : M.S. SONAK, J.

DATE : 16th JANUARY, 2018 PER COURT:

1.

Mr. Deokate, learned counsel for review applicants submits that in this case, the original consent award on the basis of which, the applicants were not suited by the reference Court was never produced on record. He submits that applicants were made to sign on blank papers and they accepted the compensation under protest.

2.

In this case, this Court, upon considering and appreciating the evidence, has, dismissed the first appeal by judgment and order dated 19.09.2016. The grounds raised by learned counsel Mr. Deokate do not qualify as grounds contemplated by section 114 r/w Order 47 of the Code of Civil Procedure.

3.

Taking into consideration the restrictive parameters of review jurisdiction, it is not possible to entertain these review applications. Accordingly, review applications are dismissed. There shall be no order as to costs.

( M.S. SONAK, J. ) dyb