Bombay High CourtCA/7442/2015disposed offdismissed for default

The State Of Maharashtra v. Gunawant Janardhan Kendre And Another

2015-11-27Hon'Ble Shri Justice A.M. Badar3 pages

(1) C. A. No. 7436 / 2015 & Group

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

District : Latur Sr.

No.

Matter No.

Names of parties Appearances Mr. S.P. Sonpawale, Assistant Government Pleader for applicants.

Civil Application No. 7436 of 2015 (In F.A. Stamp No.

12762 / 2014) The State of Maharashtra & another Vs. Kondiba Sambhaji Kendre & another Mr. V.G. Sakolkar & Mr.

H.B. Nandagavali, Advocates, for respondent nos.1 & 2.

Mr. S.P. Sonpawale, Assistant Government Pleader for applicants.

Civil Application No. 7438 of 2015 (In F.A. Stamp No.

12694 / 2014) The State of Maharashtra & another Vs. Ramkishan s/o.

Dagdoba Ghule Mr. V.G. Sakolkar & Mr.

H.B. Nandagavali, Advocates, for respondent no.1.

Mr. S.P. Sonpawale, Assistant Government Pleader for applicants.

Civil Application No. 7440 of 2015 (In F.A. Stamp No.

12789 / 2014) The State of Maharashtra & another Vs. Sakhahari s/o.

Tulshiram Kendre Mr. S.P. Sonpawale, Assistant Government Pleader for applicants.

Civil Application No. 7442 of 2015 (In F.A. Stamp No.

12786 / 2014) The State of Maharashtra & another Vs. Gunawant s/o.

Janardhan Kendre Mr. V.G. Sakolkar & Mr.

H.B. Nandagavali, Advocates, for respondent no.1.

Mr. S.P. Sonpawale, Assistant Government Pleader for applicants.

Civil Application No. 7444 of 2015 (In F.A. Stamp No.

12779 / 2014) The State of Maharashtra & another Vs. Balaji s/o. Tulshiram Kendre Mr. V.G. Sakolkar & Mr.

H.B. Nandagavali, Advocates, for respondent no.1.

..... Contd.

(2) C. A. No. 7436 / 2015 & Group Mr. S.P. Sonpawale, Assistant Government Pleader for applicants.

Civil Application No. 7446 of 2015 (In F.A. Stamp No.

12772 / 2014) The State of Maharashtra & another Vs. Shaikh Jawed Yusuf Mr. V.G. Sakolkar & Mr.

H.B. Nandagavali, Advocates, for respondent no.1.

Mr. S.P. Sonpawale, Assistant Government Pleader for applicants.

Civil Application No. 7448 of 2015 (In F.A. Stamp No.

12765 / 2014) The State of Maharashtra & another Vs. Vaijanath s/o.

Madhav Kendre.

Mr. S.P. Sonpawale, Assistant Government Pleader for applicants.

Civil Application No. 7450 of 2015 (In F.A. Stamp No.

12796 / 2014) The State of Maharashtra & another Vs. Nivrutti s/o.

Ramchandra Sonkamble Mr. V.G. Sakolkar & Mr.

H.B. Nandagavali, Advocates, for respondent no.1.

..........................

CORAM : A.M. BADAR, J.

DATE : 27TH NOVEMBER 2015 PER COURT :

By these applications, the State is praying for stay to the effect and operation of the impugned judgment and award passed by the learned Civil Judge (Senior Division), Udgir, by which compensation was enhanced.

Heard the learned Assistant Government Pleader appearing for applicants. According to him, enhancement is without there being any legal evidence on record. On the contrary, the learned Counsel for non-

(3) C. A. No. 7436 / 2015 & Group applicants (original claimants) submits that the award being a money decree need not be stayed.

Upon hearing rival submissions and considering the quantum of enhancement, Applications are allowed and impugned judgment and award passed by the learned Civil Judge (Senior Division), Udgir, in reference petitions is stayed on condition that applicants shall deposit the entire amount under the award, in this Court, within a period of three months from today.

Civil Applications are disposed of in the above terms. ( A.M. BADAR ) JUDGE ................................

puranik / CA7436.15etc