Bombay High CourtCRA/91/2016disposed offdismissed for default

Vithal Nigappa Dhangar v. The State Of Maharashtra Through Collector Osmanabad

2016-06-24Hon'Ble Shri Justice T.V. Nalawade3 pages

1 C.R.A. St. 38068...2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 CRAST/38068/2015 VITHAL NIGAPPA DHANGAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD WITH 15 CRAST/670/2016 DHONDIBAI W/O SAMBHAJI SHINDE DIED THR LRS ASHA W/O DATTARAYA ZOMBADE

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR WITH 16 CRAST/8207/2016 PARWATIBAI W/O MADHAV SHITOLE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD WITH 17 CRAST/38057/2015 BHIMSEN S/O VITOBA GAIKWAD DIED THR LR SURESH MADHAV NILANGE

2 C.R.A. St. 38068...2015.odt

VERSUS

THE STATE OF MAHARASHTRA, THROUGH COLLECTOR OSMANABAD .....

Mr. V.V.Ingale, Advocate for applicants.

Mr. S.P.Sonpawle, A.G.P. for R.No. 1.

.....

CORAM : T.V.NALAWADE, J.

DATE : 24th JUNE, 2016 ORAL ORDER :- .

All these applications are filed to challenge the Judgment and Awards of the Reference Court given in L.A.R. No. 308/2004 [old No. 506/1994], L.A.R. No. 311/2005, L.A.R. No. 1373/2009 [old No. 172/1998] and L.A.R. No. 297/2004. All the Land References were pending in the Court of the Civil Judge [Sr.Division], Omarga, distrcit Osmanabad. Heard both sides.

In all the matters, no interest was shown to lead the evidence and prosecute the matters and as the matters were pending for many years in the Court, the Reference Court considered the pleadings and the contents of the Award and dismissed the References. These matters are not decided on merits and there was no opportunity to the claimants to substantiate their claim.

In view of these circumstances, this Court holds

3 C.R.A. St. 38068...2015.odt that opportunity need to be given to the claimants and get the decision on merit.

So, all the applications are allowed. The Judgments and Awards are set aside. The matters are remanded back to the Reference Court. The parties to appears before the Reference Court on 12/08/2016. The Reference Court to expeditiously dispose of the matters and preferably within 6 months from the date of this order. If no interest is shown to prosecute the matters, the Reference Court is at liberty to dismiss the matters and in that case this Court may not interfere in the orders made by the Reference Court. Learned counsel for the applicants undertaken that no interest will be claimed by the claimants in respect of the period for which there was no proceeding before the Reference Court.

[T.V.NALAWADE, J.] KNP/C.R.A. St. 38068...2015.odt