Bombay High Court
THE STATE OF MAHARASHTRA AND ANOTHERversusDADARAO RANGRAO GAMBHIRE DIED LRS KEWALBAI AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The court ordered re‑issuance of the notices and granted a stay of execution of the judgment and award until the appeals are decided.
Summary
The State of Maharashtra filed several civil applications seeking re‑issuance of notices to respondents after earlier notices were returned unserved. The court noted that the notices to respondents 1‑3 (in application 3514) and 1‑4 (in application 3512) had not been served and ordered the Principal District Judge, Latur, to re‑issue and serve them as expeditiously as possible, with a return date of 18 February 2026. The same applications also sought a stay of execution of the impugned judgment and award, on the ground that the entire amount had already been deposited in the court. The court granted the stay pending the resolution of the pending appeals and directed the Registrar to communicate the order to the Principal District Judge. Both applications were consequently disposed of.
Issues considered
- Whether the court should order re‑issuance and service of notices to the respondents.
- Whether a stay of execution of the impugned judgment and award should be granted pending appeal.
Subjects
- notice service
- stay of execution
- civil application
- High Court
- appeal
- judgment and award
Judgment
1 914 ca.3514.13.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
914 CIVIL APPLICATION NO. 3514 OF 2013
IN FAST/4901/2013
THE STATE OF MAHARASHTRA AND ANOTHER
VERSUS
KASHINATH ANANDA ANKULGE, L.RS. PRAKASH AND OTHERS
...
AGP for Applicant / State : Mr. S. G. Joshi.
...
WITH
CIVIL APPLICATION NO. 3515 OF 2013
IN FAST/4901/2013
WITH
CIVIL APPLICATION NO. 3512 OF 2013
IN FAST/4966/2013
WITH
CIVIL APPLICATION NO. 3513 OF 2013
IN FAST/4966/2013
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 06th February, 2026.
P.C.:
1 Heard the learned counsel for the parties. Perused the
applications.
CIVIL APPLICATION NO. 3514 OF 2013 AND
CIVIL APPLICATION NO. 3512 OF 2013
2 In Civil Application No.3514 of 2013, the office remark shows
that the notice of respondent Nos.1 to 3 are returned unserved without
bailiff report.
3 In Civil Application No.3512 of 2013, the office remark shows
2 914 ca.3514.13.odt
that the notice of respondent Nos.1 to 4 are returned unserved for
want of time.
4 In both the applications, re-issue notice to the respondents,
returnable on 18th February, 2026.
5 The learned Principal District Judge, Latur, is directed to serve
the notice on the respondents, as expeditiously as possible as the
appeals are very old, and report to this Court on the next date.
6 The learned Registrar (Judicial) of this Court to communicate
this order to the learned Principal District Judge, Latur, forthwith.
Applications for stay:
7 These applications are filed for seeking stay to the execution of
the impugned judgment and award.
8 The learned AGP for the applicant / appellant submits that the
entire amount as per the impugned judgment and award is deposited
in this Court.
9 In view of the above, there shall be stay to the impugned
judgment and award till the pendency of the appeals. Both the
applications stand disposed of.
[ SANJAY A. DESHMUKH, J. ]
nga
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