Lala Mahadu Hubewad vs The State Of Mahrashtra Andors
2021 Latest Caselaw 3248 Bom

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                     919 FIRST APPEAL (ST) NO. 18089 OF 2010
                     WITH CIVIL APPLICATION NO.12170 OF 2010

                               LALA MAHADU HUBEWAD
                                       VERSUS
                          THE STATE OF MAHRASHTRA ANDORS


Shri. K. M. Nagarkar, Advocate for the appellant
Shri. P. M. Kulkarni, AGP for the respondent/State


                                         CORAM : M. G. SEWLIKAR, J.

DATED : 18-02-2021

PER COURT :-

. Heard Shri. Nagarkar, learned counsel for the appellant. He

states that reference in this appeal has been decided without adducing

evidence by either of the parties. The judgment and order of the reference

Court shows that since the claimants did not lead any evidence despite

granting ample opportunities, the right to lead evidence was forfeited. The

State also did not lead any evidence. Therefore, in view of the Division

Bench judgment of this Court in the case of Walmik s/o Trimbak Tupe Vs.

The State of Maharashtra and others in Writ Petition No. 12795 of 2019,

decided on 17/01/2020 with connected matters, it is not an award and,

therefore, not a decree and appeal is therefore not maintainable. In view of

this permission to convert the appeal in writ petition is accordingly granted.

                                                      [M. G. SEWLIKAR, J.]



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