The State Of Maharashtra v. Shri Dashrath Govind Bade 9

206.02fa -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 206 OF 2002 The State of Maharashtra ...Appellant versus Dashrath Govind Bade, Age: 55 years, Occ: Agri., R/o. Wadgaon/Chinchpur Pangul, Tal. Pathardi, Dist. Ahmednagar.

...Respondent

WITH CROSS OBJECTION (ST) NO.3208 OF 2003 IN FIRST APPEAL NO. 206 OF 2002 Dashrath Govind Bade, Age: 65 years, Occ: Agri., R/o. Wadgaon/Chinchpur Pangul, Tal. Pathardi, Dist. Ahmednagar.

...Applicant versus The State of Maharashtra

...Respondent

.....

Mr. P.P. More, A.G.P. for appellant/State Mr. S.L. Bhapkar, Advocate for respondent/claimant .....

CORAM : N.W. SAMBRE, J.

DATE : 30th JULY, 2015 ORAL ORDER :

The Reference Court has allowed the enhancement as prayed by the claimant, which is subject matter of the present appeal

206.02fa -2at the behest of the State Government.

2.

While allowing the enhancement, the Reference Court has taken into account the findings recorded by the Civil Judge, Senior Division, Ahmednagr in L.A.R. No. 105 of 1986 and having placed reliance thereof has granted enhancement. 3.

So far as L.A.R. No. 105 of 1986 is concerned, the appellant has not questioned the legality and validity of the said enhancement.

4.

The said issue can be confirmed from the judgment of this Court in First Appeal No. 105 of 2008 decided on 11/03/2008. In view thereof, present appeal does not call for any interference. The first appeal fails, same stands dismissed.

5.

So far as Cross Objection is concerned, I have heard learned Counsel for the applicant-owner, in my opinion, no case for enhancement, after enhancement order by the Reference Court, is made out. Cross Objection fails, same stands dismissed. [ N.W. SAMBRE, J. ] Tupe/30.07.15