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Bombay High CourtCA/4232/2018disposed offdismissed for default

Pathan Fakirbhai (Died) Thr Lrs Bhaiya Pathan Khan And Others v. The State Of Maharashtra And Another

2019-07-13Shri Justice J P Devadhar3 pages

( 1 )

IN THE NATIONAL LOK ADALAT

PRESIDED OVER BY HON'BLE SHRI JUSTICE S.M. GAVHANE, HELD ON 13th JULY, 2019 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE, AT AURANGABAD 901 FIRST APPEAL NO.1055 OF 2016 AND THE STATE OF MAHARASHTRA AND ANR.

VERSUS

PATHAN FAKIRBHAI AND OTHERS AND 902 FIRST APPEAL NO.1056 OF 2016 THE STATE OF MAHARASHTRA AND ANR.

VERSUS

YEDU MAHADU DALAVI WITH FIRST APPEAL NO.1057 OF 2016 AND 903 FIRST APPEAL NO.2092 OF 2016 THE STATE OF MAHARASHTRA AND ANR.

VERSUS

RAOSAHEB BABURAO CHANDGUDE AND ANR.

WITH FIRST APPEAL NO.2093 OF 2016 WITH FIRST APPEAL NO.2094 OF 2016 AND FIRST APPEAL NO.1680 OF 2016 THE STATE OF MAHARASHTRA AND ANR.

VERSUS

RAMDAS BHANUDAS WADEKAR WITH FIRST APPEAL NO.1681 OF 2016 WITH FIRST APPEAL NO.1682 OF 2016 WITH FIRST APPEAL NO.1683 OF 2016 WITH FIRST APPEAL NO.1684 OF 2016 WITH FIRST APPEAL NO.1685 OF 2016 1/3

( 2 ) WITH FIRST APPEAL NO.1686 OF 2016 WITH FIRST APPEAL NO.1688 OF 2016 ...

Mr. S.S. Dande, learned AGP for the appellant-State Mr. C.K. Shinde, learned Advocate for respondent No.1 ...

O R D E R .

Mr.S.S. Dande, learned AGP for the appellantState, on instructions from Mrs.Namrata Chate, SubDivisional Officer, Patoda, who is present in person submits that the award is in conformity with the Government Resolution dated 03.11.2016 and the corrigendum dated 23.02.2017 and 13.08.2018 and therefore, they are withdrawing the appeals.

2.

Mr.C.K. Shinde, learned Advocate present for respondent No.1-original claimant submits that respondents do not have any objection for withdrawal of the appeals.

3.

The appeals are disposed of as withdrawn by the appellant-State.

4.

If the amounts as per the awards under challenge are deposited by the appellant-State in this Court, respondent No.1 is entitled to receive it 2/3

( 3 ) together with interest accrued thereon.

5.

Respondent No.1 in First Appeal No.1055 of 2016 is dead and Mr.C.K. Shinde, learned Advocate, who was representing respondent No.1 states that L.Rs. of respondent No.1 will file necessary proceeding to bring them on record. So also, respondent No.11 in First Appeal No.1055 of 2016 is dead. His L.Rs. have filed Civil Application No.4320 of 2018. The L.Rs. of the said respondent to prosecute the said application to bring them on record.

6.

In view of the disposal of the appeals, Civil Applications other than Civil Application No.4320 of 2018, pending, if any, are disposed of.

7.

Court fee be refunded as per rules.

(K.B. CHAUDHARY) (A.T.A.K. SHEKH) (S.M. GAVHANE) ADVOCATE DISTRICT JUDGE (Retd.) JUDGE Member Member HEAD OF THE PANEL Date : 13th July, 2019 Place: Aurangabad sarowar 3/3