Shashikala Vasudeorao Asole vs Bhimabai Bhaskarrao Datar ...
2021 Latest Caselaw 367 Bom

F.A.St.6667.2019.                                                                                      1/2


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR

                              Civil Application (CAF) No.167 of 2020
                                                 IN
                               First Appeal Stamp No.6667 of 2019
                Shashikala Vasudeorao Asole Vs. Bhimabai Bhaskarrao Datar & Anr.
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                Shri M.R. Joharapurkar, Advocate for the Appellant.

                                 CORAM : S.M. MODAK, J.
                                 DATE  : 8th JANUARY, 2021.


                                 Heard learned Advocate Shri M.R. Joharapurkar for the
                appellant.


                2.               The judgment of the Court of 6 th Joint Civil Judge, Senior
                Division, Amravati dated 22nd December, 2018 is challenged by
                respondent No.2 therein. By the said judgment, the issue about
                apportionment of the amount of rehabilitation under Section 30 of the
                Land Acquisition Act, 1894 was decided.


                3.               This Court, as per the judgment dated 18 th April, 2015
                observed that adjudication under Section 30 of said Act can be
                challenged before the Appellate Court who has pecuniary jurisdiction. In
                this case, the trial Court has adjudicated over the amount of Rs.75,624/-.
                The judgment was delivered by 6 th Joint Civil Judge, Senior Division,
                Amravati.


                4.               Considering the pecuniary valuation, the appeal will lie
                before the District Court, Amravati. The appellant is praying for the
                transfer of the appeal. Hence the order:-


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 F.A.St.6667.2019.                                                                                  2/2




                                                    ORDER

i. The present appeal be transferred to District Court, Amravati for the further enquiry and decision.

ii. It may be allotted as per their procedure.

iii. Office to do the needful.

iv. The civil application is disposed of.

JUDGE

vijay