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Bombay High CourtFA/926/2009dismissedrule discharged

The Executive Engineer, Latur Medium Project Division, Latur. v. The State Of Maharashtra And ANR

2016-08-11Hon'Ble Shri Justice P.R. Bora2 pages

906 fa.926.09.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION FIRST APPEAL NO. 926 OF 2009 WITH CA/6497/2007 IN FA/926/2009 THE EXECUTIVE ENGINEER, LATUR MEDIUM PROJECT DIVISION, LATUR

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Appellant : Mr. Ruturaj Patil.

AGP for Respondent No.1: Mr. S. N. Morampalle. Advocate for Respondent No.2 : G. V. Mohekar. ...

CORAM :

P. R. BORA, J.

DATE :

11th August, 2016.

P.C.:

.

When the present matter is taken up for hearing, the learned counsel appearing for Respondent i.e. original Claimant has brought to my notice that the connected first appeals bearing First Appeal No.922 of 2009 with connected appeals arising out of a common judgment and award passed by the learned District Judge-1, Nilanga, in LAR Nos.384 of 1998 to 401 of 1998, have been dismissed by this Court vide order passed on 2nd May, 2016. The learned counsel submits that the present matter was inadvertently not tagged with the said matters and was, therefore, left out to be decided. On perusal of the memo of appeal, it appears that the present appeal is arising out of the common judgment and award passed by the Reference Court on 17th February,

906 fa.926.09.odt 2007, in LAR Nos.384 of 1998 to 401 of 1998. In view of the fact that the connected appeals are dismissed by this Court on 2nd May, 2016 vide judgment and order passed in First Appeal No.922 of 2009 with connected appeals, the present appeal also stands dismissed for the reasons stated in the judgment delivered by this Court in the aforesaid matter, without any order as to the costs. Pending civil application, if any, stands disposed of.

[ P. R. BORA, J. ] ndm