Bombay High Court
THE STATE OF MAHARASHTRA AND OTHERSversusSWAPNIL GURUNATH ZADE MINOR U/G OF HIS REAL MOTHER NIRMALA GURUNATH ZADE
- Disposal
- DISPOSED OFF
Holding
The appeals are dismissed as the compensation awarded is within the four‑times limit, and the pending civil applications are disposed of.
Summary
The State of Maharashtra filed a series of first‑appeal (stamp) applications challenging judgments dated 23 April 2014 of the Civil Judge Senior Division at Osmanabad, which awarded compensation in several stamp duty cases. The State contended that the reference court’s compensation exceeded the permissible limit of four times the amount granted by the State Legal Aid Office (SLAO). The Government had earlier issued Resolution No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4, later amended, stating it would not challenge any award that was enhanced only up to four times the SLAO amount. The bench examined the compensation awards and found them to be within the four‑fold ceiling prescribed by the resolution. Consequently, the court saw no basis to interfere with the lower court’s orders and dismissed all the appeals. With the appeals dismissed, any pending civil applications arising from the same matters were also ordered to be disposed of.
Issues considered
- The compensation awarded by the reference court exceeds four times the amount granted by the SLAO.
- Whether the State of Maharashtra may challenge the reference court’s award beyond the four‑times limit set by the Government resolution.
- Whether pending civil applications survive after the dismissal of the appeals.
Subjects
- compensation
- stamp duty
- appeal
- government resolution
- civil application
- dismissal
- reference court
Judgment
2026:BHC-AUG:26446
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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