The present appeal, arising from the same acquisition as First Appeal No.1015 of 2004, was disposed of based on the reasoning recorded in that earlier judgment which turned down the State's objection regarding the market value awarded by the Reference Court. Pending civil applications were also disposed of.
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{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 :-
1 Heard learned AGP appearing for the State and learned Counsel appearing for the respondent i.e. original claimant.
2 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
3 Learned AGP did not dispute the correctness of the fact stated by the learned Counsel appearing for respondent – claimant.
4 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
Colour shows how this judgement treated each authority
First Appeal No.1015 of 2004Referred¶10
THE STATE OF MAHARASHTRA
GUNAWATI W/O. MAHIPALSING TANWAR
P.R.BORA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
