The State Of Maharashtra vs Trimbak Kondiba Tekale And ...
2021 Latest Caselaw 6975 Bom

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                                                                       wp6242.21.odt


           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                        WRIT PETITION NO.6242 OF 2021

 The State of Maharashtra                                             Petitioner

          Versus

 Trimbak Kondiba Tekale & another                                     Respondents


 Mr.S.B.Pulkundwar, AGP for the Petitioner.


                                      CORAM : V.K.JADHAV, J.

                                      DATE     : 03rd May, 2021.

 PC :

 1                I have heard learned AGP for the petitioner for some

 time.



 2                The petitioner-State has preferred Regular Civil Appeal

No.264/2012 against the judgment and decree passed by the Civil

Judge, Senior Division, Aurangabad in Special Civil Suit

No.97/2006. The said appeal was initially registered before this

Court as First Appeal No.332/2009, however, said appeal was

transferred to the District Court after pecuniary jurisdiction of the

District Court was enhanced. Said appeal came to be dismissed in

default on 28th February, 2019 by the learned District Judge. The

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petitioner State has fled Civil Misc. Application No.116/2019 for

restoration of R.C.A. No.264/2012. However, by impugned order

dated 07.01.2020, learned District Judge-1, Aurangabad, has

rejected the said application.

3 The learned AGP submits that the petitioner has

strong hope of success in this writ petition. The learned District

Judge, Aurangabad, has rejected the application. However, in

terms of clause (2) of the operative order of the impugned order,

the respondents are permitted to withdraw the remaining decreetal

amount after the appeal period is over. The petitioner-State has

deposited the said decreetal amount in the pending appeal before

the this Court.

4 In view of the above submissions, issue notice to the

respondents, returnable on 22nd June, 2021.

5 Till the next date of hearing, effect, execution and

implementation of clause (2) of the operative part of the impugned

order is hereby stated.

(V.K.JADHAV) JUDGE

adb