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Bombay High Court

MR. PARSHURAM GOPINATH GADGE(SINCE DECD) LRS. MRS. CHANDRABAI PARSHURAM GADGE AND ORS.versusTHE SPECIAL LAND ACQUISITION OFFICER

Decided
Disposal
Allowed

Holding

The appeal is admitted but conditioned on the filing of a private paper book within one year, failing which the appeal will be dismissed.

Summary

The appellant filed first appeals (Nos. 1052/2015, 1053/2015, 1054/2015) challenging a judgment and award dated 5 March 2015 passed by the Joint Civil Judge, Senior Division, Panvel, which granted additional compensation. The High Court of Bombay admitted the appeals and issued procedural directions. The court directed the appellant to file a private paper book within one year from the date of the order, with a copy to the opposite side. It warned that failure to comply would result in the dismissal of the appeal without further reference. The order also dispensed with printing, called for the record and pleadings, and noted that the learned Assistant Government Pleader waived service.

Issues considered

  • Whether the first appeal is maintainable against the judgment and award for additional compensation
  • Whether the appellant must file a private paper book within a stipulated period
  • Consequences of non‑compliance with the filing direction

Subjects

  • civil appeal
  • procedural direction
  • private paper book
  • additional compensation
  • High Court of Bombay

Judgment

                                                 30.1052.15-fa+.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION

  First Appeal Nos.1052/2015, 1053/2015, 1054/2015
Office Notes, Office               Court's or Judge's orders.
Memoranda of Coram,
appearances, Court's
orders or directions
and Registrar's orders
                         Mr. Drupad S. Patil for the Appellant
                         Mr. A. R. Patil, AGP for Respondent No.1.

                             CORAM: K.K.TATED, J.
                             DATED : SEPTEMBER 4, 2019

                         P.C.

                         1   Heard. By these First Appeals, filed
                         by the Appellant claimant challenges the
                         common judgment and award dated
                         05.03.2015 passed by the Jt. Civil Judge,
                         Senior Division Panvel in LARs for
                         additional compensation.

                         2   Considering the submissions made by
                         the learned counsel for the Appellant
                         and the impugned judgment and award,
                         following order is passed:

                         a. Admit.

                         b. The Appellant is directed to file
                         private paper book within one year from
                         today with copy to other side, failing
                         which the First Appeal shall stand
                         dismissed without further reference to
                         the court.

Basavraj G. Patil                                                     1/2
                                        30.1052.15-fa+.odt



                    c. Printing dispensed with.

                    d. Call R & P.


                    e. The learned AGP waives service.



                                         (K.K.TATED, J.)




Basavraj G. Patil                                            2/2


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