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Bombay High CourtCA/2468/2015disposed offdismissed for default

Devidasrao Nagnath Bidwai Died Lrs Balaji And ORS v. The Special Land Acquisition Officer And ORS

2016-01-12Hon'Ble Shri Justice T.V. Nalawade2 pages

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CIVIL APPLICATION NO. 2468 OF 2015 IN FA/305/2003 WITH CA/6622/2015 IN FA/305/2003 DEVIDASRAO NAGNATH BIDWAI DIED LRS BALAJI AND ORS

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER AND ORS ...

Advocate for Applicants : Mr. Sonpethakar Pradeep N. AGP for Respondent/ State: Mr. K. N. Lokhande. *** CORAM: T. V. NALAWADE, J.

DATED:

12th JANUARY, 2016.

PER COURT:

1.

.Learned counsel Mr. Sonpethkar for the Appellants submitted that though the present appeal is filed for enhancement and also for relief of giving direction to the trial Court for making payment of the amount to the Appellants, in view of subsequent development that Civil Court has decided the rights of the present Appellants in that regard, there is no necessity of giving such direction by this Court. He makes a statement that he is not pressing the relief of such direction in the Appeal. He requests for making observation that in view of the circumstance that

-:(2):- the decision of 3rd Additional District Judge, Parbhani in L.A.R. No. 18 of 1984, is not challenged, the said Court can make the disbursement of the amount in view of the decision given by the Civil Court. Other side is not present. 2.

In view of the aforesaid statement made by learned counsel Mr. Sonpethkar, it is made clear that it will be up to the Reference Court to make order with regard to the disbursement of the compensation amount as per the decision given by Civil Court in view of the decision of the Reference Court dated 4th March, 2002. In those terms, the application 2468 of 2015 is disposed of.

3.

Learned counsel Mr. Sonpethkar submits that in view of the aforesaid order, Civil Application No.6622 of 2015 may also be disposed of as the purpose of the application is served. In view of this submission, Civil Application No.6622 of 2015 stand disposed of as withdrawn. 4.

List the appeal on 12th February, 2016.

[T. V. NALAWADE, J.] Dt.12/01/2016.

ans/2468