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Bombay High CourtCA/8993/2016disposed offdismissed for default

Laxman Deonath Sangale And Another v. The State Of Maharashtra And Others

2017-07-24Hon'Ble Shri Justice S C Dharmadhikari,Hon'Ble Shri Justice Mangesh S. Patil2 pages

( 1 ) 45 ca 8993.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 45 CIVIL APPLICATION NO. 8993 OF 2016 IN WP/4091/1994 LAXMAN DEONATH SANGALE AND

VERSUS

THE STATE OF MAHARASHTRA AN ...

Advocate for Applicants : Mr. Chitnis J.G. Jayant Chitnis & AGP for Respondents: Mr. S.G. Yawalkar Advocate for Respondents : Mr. P.R. Katneshwarkar and V.P. Deshmukh for R/2.

...

CORAM : S.C. DHARMADHIKARI & MANGESH S. PATIL, JJ.

DATE :

24.07.2017 P.C. :- .

The petitioner has already obtained the relief in the final judgment and order dated 10.07.2014 delivered in writ petition no. 4091 of 1994.

2.

This Court has directed that the fourth respondent should pass a fresh award to determine the compensation in terms of the judgment.

3.

The proceedings have to be concluded within a period of one year. Later on, the S.L.A.O. addressed a communication on 17.11.2015 informing the Municipal Council Ambad to deposit the compensation. In

( 2 ) 45 ca 8993.16 the circumstances, when this amount is determined, it has to be paid over. This civil application is moved to seek a direction to release the funds for making payment to the present petitioners/civil applicants. 4.

We do not think that we can extend and enlarge the scope of the proceedings, namely, writ petition no. 4091 of 1994 which stands disposed of. Nothing remains therein so as to take note of the grievance of the applicants. In any event, these are all subsequent developments for which distinct remedies have been provided by law. Civil application is entirely misconceived and is disposed of.

[MANGESH S. PATIL, J.] [S.C. DHARMADHIKARI, J.] mub