Bombay High Court

THE STATE OF MAHARASHTRA AND ANR.versusSHRI.MAHADU HARI CHAUDHARI

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The appeal was dismissed because the enhanced compensation was less than Rs.2 lakh, and the court did not examine the merits of the award.

Summary

The State of Maharashtra appealed a 2014 judgment and award that had enhanced compensation awarded by the Reference Court in a civil suit. The appeal concerned whether the appellate court could interfere with the award when the enhancement was less than Rs.2 lakh. The court held that, given the small quantum and the applicable administrative policy, no interference was warranted. Consequently, the First Appeal was dismissed without examining the merits of the underlying claim. All pending interlocutory applications were also disposed of as a result of the dismissal.

Issues considered

Whether the appellate court may interfere with a judgment and award when the enhanced compensation is less than Rs.2 lakh

Subjects

appellate jurisdiction
compensation enhancement
administrative policy
civil procedure
dismissal

Judgment

                                                                                  39-fa853-2026.doc


                      AGK
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                        FIRST APPEAL NO. 853 OF 2026

                      The State Of Maharashtra & Anr.               … Appellants
                                 V/s.
                      Shri.Mahadu Hari Chaudhari                    … Respondent



                      Mr. A.R. Patil, Additional G.P. for the appellants/State.
                      Ms. Bhavana Khemani i/by Mr. Anil Ahuja for the
                      respondent.

ATUL
GANESH
KULKARNI
Digitally signed by
                                                  CORAM      : AMIT BORKAR, J.
ATUL GANESH
KULKARNI
Date: 2026.08.25
17:36:16 +0530                                    DATED      : AUGUST 25, 2026
                      P.C.:

                      1.      The present First Appeal arises from the judgment and
                      Award dated 20 August 2014 passed by the learned Civil Judge,
                      Senior Division, Nashik in L.A.R. No.65 of 2005. On consideration
                      of the enhanced compensation awarded by the Reference Court, it
                      is noticed that the amount of enhancement is less than Rs.2 lakh.
                      Having regard to the quantum involved and the applicable
                      administrative policy governing appeals in matters involving such
                      limited enhancement, I am of the view that no interference with
                      the impugned judgment and Award is warranted in the present
                      appeal.

                      2.      In view of the aforesaid circumstance, the First Appeal is
                      dismissed.



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                                                       39-fa853-2026.doc


3.   It is clarified that this Court has not examined or adjudicated
upon the merits of the claims or the correctness of the findings
recorded by the Reference Court. The dismissal of the First Appeal
is confined to the ground that the amount of enhanced
compensation involved is less than Rs.2 lakh. The dismissal shall,
therefore, not be construed as an adjudication on the merits of the
judgment and Award under challenge.

4.   In view of the disposal of the First Appeal, all pending
interlocutory applications, if any, do not survive and are
accordingly disposed of.


                                            (AMIT BORKAR, J.)




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