Disposed

The State of Mah and Ors. v. Kishan Gunaji Dahiphale and Anr.

Bombay HC9 Sept 2023CA/3951/2013

Case brief

AI extract

What is this about?

The National Lok Adalat disposed of a group of appeals filed by the State of Maharashtra which were withdrawn pursuant to a Government policy decision regarding deposit and withdrawal of claims. Associated civil applications were also disposed of.

What did the court decide?

The appeals stood disposed of as withdrawn. Civil applications were disposed of. Court fee refund certificate directed to be issued.

The State of Mah and Ors. Vs Kishan Gunaji… — Civil Procedure and Limitation | Bombay HC (2023)

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2023:BHC-AUG:20685

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1 4-20 FA 3884-2016.odt

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IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 09.09.2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD

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4 FIRST APPEAL NO.3884 OF 2016 WITH CA/12255/2015 IN FA/3884/2016

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THE STATE OF MAHARASHTRA AND ANOTHER VERSUS

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RAOSAHEB RAMCHANDRA PATIL

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5 FIRST APPEAL NO.314 OF 2018

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WITH CA/4262/2013 IN FA/314/2018 WITH FA/318/2018 WITH CA/ 4272/2013 IN FA/318/2018 WITH FA/315/2018 WITH CA/4274/2013 IN FA/315/2018 WITH FA/316/2018 WITH CA/4276/2013 IN FA/316/2018 WITH FA/317/2018 WITH CA/4282/2013 IN FA/317/2018

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THE STATE OF MAHARASHTRA AND ANR VERSUS

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NIVRUTTI TULSHIRAM SURNAR

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6 CIVIL APPLICATION NO.3951 OF 2013 IN FAST/1145/2013 WITH CA/3952/2013 IN FAST/1145/2013

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THE STATE OF MAHARASHTRA AND ORS VERSUS

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KISHAN GUNAJI DAHIPHALE AND ANR

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7 CIVIL APPLICATION NO.3956 OF 2013 IN FAST/1159/2013 WITH CA/3957/2013 IN FAST/1159/2013

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THE STATE OF MAHARASHTRA AND ORS

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VERSUS

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NARAYAN NAMDEO RAKH AND ANR

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9 CIVIL APPLICATION NO.3964 OF 2013 IN FAST/1163/2013 WITH CA/3965/2013 IN FAST/1163/2013

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THE STATE OF MAHARASHTRA

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1 of 5

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2 4-20 FA 3884-2016.odt

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VERSUS

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BALAJI KISHAN KENDRE AND ANR

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10 CIVIL APPLICATION NO.3966 OF 2013

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IN FAST/1208/2013 WITH CA/3967/2013 IN FAST/1208/2013

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THE STATE OF MAHARASHTRA AND ANR VERSUS KAMALAKAR BHAGWANRAO KULKARNI

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14 CIVIL APPLICATION NO.3299 OF 2015 IN FAST/34542/2014 WITH CA/3300/2015 IN FAST/34542/2014 WITH CA/3301/2015 IN FAST/34583/2014 WITH CA/3302/2015 IN FAST/34583/2014 WITH CA/3311/2015 IN FAST/34586/2014 WITH

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CA/3312/2015 IN FAST/34586/2014 WITH CA/3303/2015 IN FAST/34589/2014 WITH CA/3304/2015 IN FAST/34589/2014 WITH CA/3305/2015 IN FAST/34592/2014 WITH CA/3306/2015 IN FAST/34592/2014 WITH CA/3309/2015 IN FAST/34595/2014 WITH CA/3310/2015 IN FAST/34595/2014 WITH CA/3307/2015 IN FAST/34598/2014 WITH CA/3308/2015 IN FAST/34598/2014

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THE STATE OF MAHARASHTRA AND ANOTHER VERSUS PANDITRAO ANNASAHEB BHATANE

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15 CIVIL APPLICATION NO.6178 OF 2015 IN FAST/22473/2014 WITH CA/6175/2015 IN FAST/22463/2014

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THE STATE OF MAHARASHTRA AND ANOTHER VERSUS

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RAJARAM NARSING TUDME

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16 CIVIL APPLICATION NO.6190 OF 2015

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IN FAST/22466/2014 WITH CA/6195/2015 IN FAST/22389/2014 WITH CA/6196/2015 IN FAST/22389/2014 WITH CA/6193/2015 IN FAST/22455/2014 WITH CA/6194/2015 IN FAST/22455/2014 WITH

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CA/6187/2015 IN FAST/22459/2014 WITH CA/6188/2015 IN FAST/22459/2014 WITH CA/6176/2015 IN FAST/22463/2014 WITH CA/6189/2015 IN FAST/22466/2014 WITH CA/6183/2015 IN FAST/22478/2014 WITH CA/6184/2015 IN FAST/22478/2014 WITH CA/6185/2015 IN FAST/22484/2014 WITH CA/6186/2015 IN FAST/22484/2014 WITH CA/6191/2015 IN FAST/22488/2014 WITH CA/6192/2015 IN FAST/22488/2014 WITH CA/6181/2015 IN

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2 of 5

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3 4-20 FA 3884-2016.odt

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FAST/22491/2014 WITH CA/6182/2015 IN FAST/22491/2014

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THE STATE OF MAHARASHTRA AND ANOTHER VERSUS BHAGWAN PUNDABUVA GIRI

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18 CIVIL APPLICATION NO.15390 OF 2015

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IN FAST/31546/2015 WITH CA/15396/2015 IN FAST/31566/2015 WITH CA/15393/2015 IN FAST/31569/2015

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THE STATE OF MAHARASHTRA AND ORS

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VERSUS

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DEELIP MAROTI SHINDE

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19 CIVIL APPLICATION NO.4750 OF 2016 IN FAST/6422/2016

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THE STATE OF MAHARASHTRA AND ANR VERSUS

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CHANNAPPA GURAPPA BIRADAR

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20 CIVIL APPLICATION NO.9096 OF 2016

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IN FAST/15479/2016 WITH CA/9100/2016 IN FAST/15479/2016 WITH CA/9142/2016 IN FAST/15567/2016 WITH CA/9144/2016 IN FAST/15567/2016 WITH CA/9121/2016 IN FAST/15570/2016 WITH

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CA/9123/2016 IN FAST/15570/2016 WITH CA/9146/2016 IN FAST/15573/2016 WITH CA/9110/2016 IN FAST/15573/2016 WITH CA/9138/2016 IN FAST/15576/2016 WITH CA/9140/2016 IN FAST/15576/2016 WITH CA/9127/2016 IN FAST/15579/2016 WITH CA/9129/2016 IN FAST/15579/2016 WITH CA/9118/2016 IN FAST/15582/2016 WITH CA/9120/2016 IN FAST/15582/2016 WITH CA/9112/2016 IN FAST/15585/2016 WITH CA/9114/2016 IN FAST/15585/2016 WITH CA/9131/2016 IN FAST/15588/2016 WITH CA/9133/2016 IN FAST/15588/2016 WITH CA/9101/2016 IN FAST/15591/2016 WITH CA/9104/2016 IN FAST/15591/2016 WITH CA/9135/2016 IN FAST/15594/2016 WITH CA/9136/2016 IN FAST/15594/2016

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THE STATE OF MAHARASHTRA AND ORS VERSUS

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CHANDRAKALABAI YESHWANTRAO BIRADAR AND ANR

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3 of 5

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Mr. A. M. Phule, AGP for the Appellants/applicants.

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O R D E R ( 09^th September, 2023 )

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. These appeals are placed before the Lok Adalat by the appellant-

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State.

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Mr. Sunil Yadav, Additional Collector and Mr. Sushant Shinde, S.D.O., Udgir are present.

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Mr. Phule, learned A.G.P. for the appellant/State submitted that the above numbered group of appeals is squarely covered by the Government Resolution No. Sankirna-2014/pra.kra.4/Bham-1/A-4 dated 03^rd November, 2016 with Government Corrigendum dated 23^rd February, 2017 and 13^th August, 2018 to the said Government Resolution. In turn, this group of appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the State is withdrawing these appeals.

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The learned A.G.P. for the State submits that entire amount in these appeals has been deposited and later on withdrawn by the original claimants by obtaining orders from the this Court. He further submits that, in these circumstances, nothing survived in these appeals.

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However, before disposing of the appeals, it is further clarified that, in case, any amount is lying with this Court, then the same shall be transmitted to the reference Court. The reference Court shall disburse the said amount to the original claimants on their applications. The claimants are at liberty to make application before the reference Court and withdraw the said amount.

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