Bombay High CourtCAF/3478/2018ca disposed off

Devendra S/O Ramrao Ingale And Others v. The State Of Maharashtra Through The Collector, Yavatmal And Others

2019-02-12Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1202caf3478.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3478/2018 IN FIRST APPEAL NO.1245/2018 Devendra S/o Ramrao Ingale and others ...Versus...

The State of Maharashtra, through the Collector, Yavatmal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.M. Sharma, Counsel for appellants/applicants Shri S.D. Sirpurkar, AGP for respondent nos.1 and 2 Shri M.A. Kadu, Counsel for respondent no.3 Shri A.S. Kulkarni, Counsel for respondent Nos.5-A to 5-C CORAM : ARUN D. UPADHYE, J.

DATE : 12/02/2019 Heard learned Counsel for the applicants, learned Assistant Government Pleader for the respondent nos.1 and 2, learned Counsel for the respondent no.3 and learned Counsel for the respondent nos.5-A to 5-C. None appears for the respondent no.4, 6 and 7, though served.

Perused the impugned judgment and award. It appears that the appellants as well as respondent nos.5-A to 5-C and respondent nos.6 and 7 are brothers and sisters of respondent no.4 and have claimed equal share in the property. It further appears that the respondent no.4 has filed the reference against the award, in which these appellants as

1202caf3478.18.odt well as respondent nos.5-A to 5-C and respondent nos.6 and 7 are added. However, the learned reference Court has not granted compensation to them on the ground that their claim cannot be decided in the reference under Section 18 of the Land Acquisition Act.

Considering the above facts and circumstances of the case, the impugned judgment and award dated 13/8/2018 passed by the Civil Judge (Senior Division) Darwha in Land Acquisition Case No.319/2004 is hereby stayed until further orders.

JUDGE Wadkar, P.S.