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Bombay High Court

THE STATE OF MAHARASHTRA AND ANOTHERversusDADARAO RANGRAO GAMBHIRE DIED LRS KEWALBAI AND OTHERS

Disposal
Admitted/Allowed/Granted/Rule Absolute

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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