Bombay High Court
THE STATE OF MAHARASHTRA AND ANRversusSADU BALIRAM LALE
- Disposal
- DISPOSED OFF
Holding
The appeal is dismissed as there is no reason to intervene with the reference court's award.
Summary
The State of Maharashtra appealed a judgment of the Civil Judge Senior Division, Omerga, which had awarded compensation to Sadu Baliram Lale. The State contended that the compensation exceeded four times the amount granted by the State Legal Aid Office (SLAO) and therefore should be reduced. The State relied on Government Resolution No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 and its subsequent corrigenda, which stated that the State would not challenge the reference court’s award if the compensation was enhanced only up to four times. The High Court examined whether there was any basis to intervene in the reference court’s award and found none, noting the resolution’s clear policy. Consequently, the Court dismissed the appeal and ordered that any pending civil applications related to the matter be disposed of.
Issues considered
- Whether the compensation awarded by the reference court exceeds the limit permissible under the State Government's resolution and thus warrants appellate intervention
- Whether the appellate court has jurisdiction to set aside or modify the reference court's award in light of the resolution
Subjects
- compensation
- government resolution
- appellate jurisdiction
- civil appeal
- reference court
- Maharashtra
- dismissal
Judgment
2026:BHC-AUG:26463
1 of 2 937-CA.95.2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
937 CIVIL APPLICATION NO. 95 OF 2018
IN FAST/38498/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
SADU BALIRAM LALE
...
Mr. R. B. Dhaware, AGP for Applicants-State.
Mr. Gopal D. Kale, Advocate for the Respondent.
...
AND
CIVIL APPLICATION NO. 96 OF 2018
IN FAST/38498/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
SADU BALIRAM LALE
…
Mr. R. B. Dhaware, AGP for Applicants-State.
Mr. Gopal D. Kale, Advocate for the Respondent.
…
AND
FIRST APPEAL (STAMP) NO.38498 OF 2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
SADU BALIRAM LALE
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 2nd JULY, 2026
P.C.:-
1. Heard the learned counsel for the Appellant/State.
2. By this appeal, the Appellants are assailing the Judgment and
award dated 18.03.2015 passed by the learned Civil Judge Senior
2 of 2 937-CA.95.2018
Division, Omerga, District Osmanabad in LAR No.273/2013.
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 order. Hence, the present Appeal is dismissed.
6. In view of dismissal of the Appeal, pending Civil
Applications, if any, do not survive and are disposed of accordingly.
(SIDDHESHWAR S. THOMBRE, J.)
Tauseef
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