Noora Isa Patel v. The State Of Maharashtra Thr The Collector, Jalgaon And ORS

25- C. A. No. 7858-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 CIVIL APPLICATION NO.7858 OF 2022 IN FA/2052/2021 NOORA ISA PATEL

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALGAON AND ORS ...

Advocate for Applicant : Sakshi A. Kale holding for Ajeet B. Kale AGP for Respondents: Mr. P. M. Kulkarni ...

CORAM : S. G. DIGE, J.

DATE : 11.07.2022 PER COURT :- Heard learned counsel for the applicant, learned AGP for respondent No.1 and 2 and learned counsel for respondent No.3.

Learned counsel for the applicant submits that applicant has fled appeal for enhancement of compensation granted by learned Civil Judge, Senior Division, Jalgaon in LAR No. 95 of 2019. The learned reference court has partly allowed the claim petition and has not granted proper enhanced compensation to the applicant which he is entitled. The appellant has fled this appeal for enhancement of compensation. Appellant has restricted his appeal. Now the appellant wants to enhance compensation and accordingly

25- C. A. No. 7858-2022.odt appellant is ready to deposit the defcit court fee. Hence requested to allow the application.

3.

Learned counsel for respondent No.3 submits that appellant is seeking enhancement more than his claim before the reference Court. Appellant should have deposit the amount before this Court while fling the appeal. Appellant has not made amendment in the pleadings in the appeal and in stead of that appellant is praying to allow the appellant to deposit defcit court fee which cannot be done. Hence requested to dismiss the application.

4.

Learned AGP support the argument of learned counsel for respondent No.3. Considering submission of the learned counsel keeping all points open I pass the following order.

ORDER

Application is allowed in terms of prayer clause 'B'. ( S.G. DIGE,) JUDGE ysk