The State Of Maharashtra Thr. Head Master, Govt. Tech. High School, Amravati v. Krishnabai Wd/O Madhukar Kadhane

26 xob 9-2017 in fa 1318-2009.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.242/2025 IN CROSS OBJECTION NO.09/2017 (D) IN FIRST APPEAL NO.1318/2009 (D) The State of Maharashtra, through Head Master, Government Technical High School, Amravati and another Vs.

Smt. Krishnabai wd/o Madhukar Kadhane and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri H.D. Futane, AGP for appellant/State Shri C.A. Joshi, Advocate for respondents CORAM : PRAVIN S. PATIL, J.

DATE : 12.01.2026 1.

This Court, by judgment and order dated 15.01.2019, dismissed the appeal filed by the State and allowed the Cross-objection filed by the claimants. In view of this, the claimants have to deposit the deficit Court fees of Rs.5500/- with the Registry of this Court. 2.

By this application, the claimants prayed that the State of Maharashtra be directed to deposit the entire amount of compensation and the deficit Court fees be deducted from that amount and balance be paid to the claimants.

3.

Learned AGP has pointed out that claimants have already initiated the execution proceedings before the Principal District and Sessions Judge, bearing Darkhast No.07/2023.

26 xob 9-2017 in fa 1318-2009.odt 4.

It is further submission of the learned AGP that the claimants can either prosecute the present application or execution proceedings, which are pending before the District and Sessions Judge, Akola. The applicant states that he is not having amount of Rs.5500/- to deposit before this Court and, therefore, the present application is moved. 5.

In the circumstances, in my opinion, it will be proper for the claimants to prosecute the execution proceedings, which are pending before the District and Sessions Judge, Akola.

6.

It is made clear that after deposit of compensation amount by the State in the execution proceedings, the claimants will deposit the deficit Court fees before this Court within a period of two weeks.

7.

It is further made clear that executing Court while deciding the execution proceedings should take care and take necessary undertaking from the claimants to the effect that they will deposit the deficit Court fees within a period of two weeks after the amount is deposited by the State Government.

8.

In terms of above, the application stands disposed of.

(PRAVIN S. PATIL J.) R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 13/01/2026 16:57:21