The Bombay High Court Nagpur Bench dismissed an appellant's First Appeal in a land acquisition case as infructuous, noting the appeal was rendered obsolete by a related joint appeal decided on merits.
Appeal dismissed as infructuous; no cost.
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Order
1607fa2.95
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
FIRST APPEAL No. 2/1995.
Janabai Vithoba (Bari) Dudhe
VERSUS
State of Maharashtra and others.
Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.
CORAM : B.P. DHARMADHIKARI & A.S. CHANDURKAR, JJ
DATED : JULY 16, 2013.
Shri V.V. Bhangde, learned Counsel who appeared for appellant Janabai had filed a Pursis vide st.no. 5700/2013 dated 24.06.2013 and enclosed therewith a communication dated 21.09.2009 sent to Janabai, through her power of attorney holder Dr. Sandeep Ramrao Dudhe. As per that communication, the appellant was informed that in absence of any instructions, the Counsel has to report “ No
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instructions” to the Court.
Accordingly, we discharge Shri Bhangde, learned Counsel.
This First Appeal is to be decided along with First Appeal Nos. 694/1994 and 3/1995. First Appeal No. 694/1994 was filed by the State of Maharashtra assailing the judgment of Reference Court dated 03.08.1994 in Land Acquisition Case No. 246/1992. That appeal has been heard and decided by the learned Single Judge on 20.07.2010. The appeal filed by the State Government was allowed and the amount of compensation awarded by the Reference Court was brought down.
The Reference Court has on 03.08.1994 decided another Land Acquisition Case No. 240/1992. Land owner therein Shri Pundlik, had filed First Appeal No.3/1995. That First Appeal has been dismissed in default on 18.06.2012. No steps have been taken for its restoration.
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1607fa2.95
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In this situation, present First Appeal filed
by Janabai, who was respondent in First Appeal No. 694/1994 for enhancement is, rendered infructuous
and is disposed of as such. No cost.
JUDGE JUDGE
Rgd
Janabai Vithoba (Bari) Dudhe
State of Maharashtra
Dharmadhikari
Chandurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
