Gunawati Mahipalsing Tanwar v. The State Of Maharashtra And ORS

{1} 906 FA 1036 OF 2004

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 FIRST APPEAL NO.1036 OF 2004 WITH CA/9031/2018 IN FA/1036/2004 WITH CA/2594/2004 IN FA/1036/2004 THE STATE OF MAHARASHTRA AND OTHERS

VERSUS

GUNAWATI W/O. MAHIPALSING TANWAR ...

AGP for Appellant - State : Shri A.M.Phule Advocate for Appellant Nos.2 and 3 : Shri Ramdas B.Bhosle Advocate for Respondent : Shri S.D.Jayabhar h/f. Shri Dattatraya R. Jayabhar ...

CORAM : P.R.BORA, J.

DATE: 23rd October, 2018 PER COURT:- Heard learned AGP appearing for the State and learned Counsel appearing for the respondent i.e. original claimant. The learned Counsel appearing for the respondent - original claimant tendered across the bar a copy of the common Judgment passed by this Court (Coram: T.V.Nalawade, J.) in First Appeal No.1015 of 2004 with connected appeals on 11.02.2016 . The learned Counsel submitted that all those appeals were arising out of the same acquisition and only present appeal was left out inadvertently.

{2} 906 FA 1036 OF 2004 Learned AGP did not dispute the correctness of the fact stated by the learned Counsel appearing for respondent - claimant.

Perusal of the Judgment delivered by this Court in First Appeal No.1015 of 2004 reveals that this Court has turned down the objection raised by the State that the Reference Court has awarded the market value on higher side and all those appeals are disposed of by this Court. The same criteria would apply to the present matter in view of the fact that it was arising out of the same acquisition. Hence, the following order:

ORDER

I) For the reasons recorded by this Court in First Appeal No.1015 of 2004 with connected matters, the present appeal also stands disposed of.

II) Pending civil applications stand disposed of. (P.R.BORA) JUDGE SPT