Bombay High Court
THE STATE OF MAHARASHTRA AND OTHERSversusKASHIBAI VITHOBA KESKAR
- Disposal
- DISPOSED OFF
Holding
The appeals are dismissed as the compensation awarded is within the four‑times limit and there is no basis for State intervention.
Summary
The State of Maharashtra filed a series of stamp duty appeals challenging awards of compensation granted by a reference court in various civil matters. The State argued that the compensation awarded exceeded four times the amount previously granted by the State Legal Aid Office (SLAO). The State Government had earlier issued a resolution stating it would not contest the reference court's award if the compensation was enhanced only up to four times the SLAO amount. The Court examined the resolution and found that the compensation awarded was indeed within the four‑fold limit, leaving no ground for intervention. Consequently, the Court dismissed all the appeals and ordered the disposal of any pending civil applications linked to the appeals.
Issues considered
- Whether the compensation awarded by the reference court exceeds four times the compensation granted by the SLAO.
- Whether the State Government may intervene to challenge the reference court's award in light of its resolution.
- Effect of the dismissal of the appeals on pending civil applications.
Subjects
- stamp duty
- compensation
- reference court
- government resolution
- appeal dismissed
- civil application disposal
Judgment
2026:BHC-AUG:26453
1 of 4 930-CA.5448.2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
930 FIRST APPEAL (STAMP) NO.36132 OF 2015
WITH
CIVIL APPLICATION NO. 5448 OF 2016
IN FAST/36132/2015
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
MARUTI SHANKAR GADHAVE AND OTHERS
...
Mr. R. B. Dhaware, AGP for Applicant-State.
Mr. P. P. More, Advocate for Respondent Nos.1 to 4.
...
AND
FIRST APPEAL (STAMP) NO.36208 OF 2015
WITH
CIVIL APPLICATION NO. 5476 OF 2016
IN FAST/36208/2015
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
SWAPNIL GURUNATH ZADE MINOR U/G OF HIS REAL MOTHER
NIRMALA GURUNATH ZADE
…
Mr. R. B. Dhaware, AGP for Applicant-State.
Mr. P. P. More, Advocate for Respondent.
AND
FIRST APPEAL (STAMP) NO.36158 OF 2015
WITH
CIVIL APPLICATION NO. 5456 OF 2016
IN FAST/36158/2015
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
PANDURANG MANMATH UMBARE
…
Mr. R. B. Dhaware, AGP for Applicant-State.
Mr. P. P. More, Advocate for Respondent.
AND
2 of 4 930-CA.5448.2016
FIRST APPEAL (STAMP) NO.36162 OF 2015
WITH
CIVIL APPLICATION NO. 5454 OF 2016
IN FAST/36162/2015
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
CHANUSING HANUMANSING RAJPUT
…
Mr. R. B. Dhaware, AGP for Applicant-State.
Mr. P. P. More, Advocate for Respondent.
AND
FIRST APPEAL (STAMP) NO.36182 OF 2015
WITH
CIVIL APPLICATION NO. 5464 OF 2016
IN FAST/36182/2015
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
BHAGWAN @ BHAGWANT MARUTI UMBARE
…
Mr. R. B. Dhaware, AGP for Applicant-State.
Mr. P. P. More, Advocate for Respondent.
AND
FIRST APPEAL (STAMP) NO.36193 OF 2015
WITH
CIVIL APPLICATION NO. 5475 OF 2016
IN FAST/36193/2015
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
MAHADEV LIMBA MANE
…
Mr. R. B. Dhaware, AGP for Applicant-State.
Mr. P. P. More, Advocate for Respondent.
AND
FIRST APPEAL (STAMP) NO.36213 OF 2015
WITH
CIVIL APPLICATION NO. 5480 OF 2016
IN FAST/36213/2015
3 of 4 930-CA.5448.2016
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
ANGAD SHRIMANT UMBRE AND ANOTHER
…
Mr. R. B. Dhaware, AGP for Applicant-State.
Mr. P. P. More, Advocate for Respondent Nos.1 to 2.
AND
FIRST APPEAL (STAMP) NO.36202 OF 2015
WITH
CIVIL APPLICATION NO. 5478 OF 2016
IN FAST/36202/2015
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
GOROBA VITHAL BHATBHAGE AND OTHERS
…
Mr. R. B. Dhaware, AGP for Applicant-State.
Mr. P. P. More, Advocate for Respondent Nos.1 to 3.
AND
FIRST APPEAL (STAMP) NO.36153 OF 2015
WITH
CIVIL APPLICATION NO. 5458 OF 2016
IN FAST/36153/2015
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
KASHIBAI VITHOBA KESKAR
…
Mr. R. B. Dhaware, AGP for Applicant-State.
Mr. P. P. More, Advocate for Respondent.
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 2nd JULY, 2026
P.C.:-
1. Heard the learned counsel for the Appellant/State.
2. By these appeals, the Appellants are assailing the Judgment
4 of 4 930-CA.5448.2016
and award dated 23.04.2014 passed by the learned Civil Judge Senior
Division, at Osmanabad in LAR Nos.205/2008, 207/2008, 208/2008,
209/2008, 214/2008, 222/2008, 797/2011, 103/2009 and 104/2009.
3. Learned AGP submits that the compensation granted by the
learned Reference Court is within four times the compensation granted
by the SLAO.
4. In fact the State Government vide Government Resolution
No.Sankirna-2014/Prak.Kra.4/Bham-1/A-4 dated 03.11.2016 with
Corrigendum dated 23.02.2017 and 13.08.2018 to the said
Government Resolution, took a decision not to challenge the reference,
if compensation is enhanced only upto four times.
5. Therefore, I do not find any reason to intervene with the
impugned orders. Hence, the present Appeals are dismissed.
6. In view of dismissal of the Appeals, pending Civil
Applications, if any, do not survive and are disposed of accordingly.
(SIDDHESHWAR S. THOMBRE, J.)
Tauseef
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