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Bombay High CourtFA/3232/2018disposed offdismissed for default

The State Of Maharashtra And ORS v. Kishor Harikrishana Kulkarni

2018-09-08Shri Justice J P Devadhar3 pages

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE V. K. JADHAV, HELD ON 8TH SEPTEMBER, 2018, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 142 FIRST APPEAL (STAMP) NO. 26116 OF 2017 THE STATE OF MAHARASHTRA AND ORSTHE COURT OF LOK ADALAT

VERSUS

JALINDAR JANARDHAN ADHE .....

143 FIRST APPEAL (STAMP) NO. 26120 OF 2017 THE STATE OF MAHARASHTRA AND ORS

VERSUS

NITAL JAGANNATH ADHE U/G OF FATHER JAGANNATH BABA ADHE .....

144 FIRST APPEAL (STAMP) NO. 26123 OF 2017 THE STATE OF MAHARASHTRA AND ORS

VERSUS

RAJU SOPAN ADHE AND ANR .....

145 FIRST APPEAL (STAMP) NO. 26126 OF 2017 THE STATE OF MAHARASHTRA AND ORS

VERSUS

DILIP PANJABRAO DESHMUKH .....

146 FIRST APPEAL (STAMP) NO. 26129 OF 2017 THE STATE OF MAHARASHTRA AND ORS

VERSUS

YASHWANT HARIKRISHANA KULKARNI .....

147 FIRST APPEAL (STAMP) NO. 26132 OF 2017 THE STATE OF MAHARASHTRA AND ORS

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KISHOR HARIKRISHANA KULKARNI .....

-2148 FIRST APPEAL (STAMP) NO. 26135 OF 2017 THE STATE OF MAHARASHTRA AND ORS

VERSUS

SAVITA AMBADAS GAIKWAD .....

A.G.P. for the Appellants : Mr. A.M. Phule Advocate for Respondents : Mr. R.S. Shrisath and R.R. Solunke .....

(07)

O R D E R

1.

Shri Brijesh Patil, Sub Divisional Officer, Partur, District Jalna is present in person. Mr. A.M. Phule, learned A.G.P., Mr. S.R. Shirsath and Mr. R.R. Solanke, learned counsel for the respondents-claimants are also present.

2.

Mr. A.M. Phule, learned AGP, on instructions from the aforesaid officer, who is present before this panel submits that the rate awarded by the impugned judgment and award passed by the reference Court is less than four times of the rate awarded by the S.L.A.O. and thus, in tune with the Government Resolution dated 03.11.2016 read with subsequent corrigendum dated 23.02.2017, seeks leave to withdraw these First Appeals.

3.

In terms of the award passed by the Reference Court the appellant State has deposited the compensation as awarded at the enhanced rate by the Reference Court. The appellant State Government has taken a policy decision to settle the dispute finally, which squarely falls in the

-3category as contemplated in the Government Resolution dated 03.11.2016 and subsequent corrigendum dated 23.02.2017.

4.

The parties have also filed compromise pursis as well as the compromise memo duly signed by the parties as well as learned counsel for the respective parties and the Sub Divisional Officer, Partur, District Jalna. The said pursis and the compromise memo in respective matters are taken on record and marked "X" and "Y" (Collectively) for identification. 5.

In view of the above, leave granted. All the aforesaid First Appeals are disposed of as withdrawn.

6.

The Court Fees be refunded as per Rules. The pending Civil Applications, if any, are also disposed of accordingly. (K.C.Sant) (V.B. Mantri) ( V. K. Jadhav, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 08.09.2018 Place: Aurangabad rrd/