Kisan Sahebrao Ubale vs The State Of Maharashtra Through ...
2022 Latest Caselaw 5586 Bom

                                            (1)                    78 fa 1125.22

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                           78 FIRST APPEAL NO.1125 OF 2022
                        WITH CIVIL APPLICATION NO. 8277 OF 2022

                    KISAN SAHEBRAO UBALE
                            VERSUS
 THE STATE OF MAHARASHTRA THROUGH COLLECTOR, BEED & OTHERS

                                          ...
     Sr. Counsel for Appellant : Mr. R.N. Dhorde h/f. Narvade Patil Ravindra B.
                     AGP for Respondents/State : Mr. A.B. Chate
                                          ...

                                        CORAM :   S.G. DIGE, J.
                                        DATE :    20th June, 2022

P.C.:-

                   Heard learned senior counsel for the applicant.


2.                 Learned senior counsel submits that learned C.J.S.D., Beed has

passed the order in LAR No.450/2015 vide the said order the learned trial

Court has rejected the claim for enhancement of amount of applicant-

petitioner herein and directed to lodge a report against applicant and

Advocate Shri R.S. Chalak for the offence punishable under Section 181, 193,

196, 199, 210, 403, 417, 465, 466, 468, 471 and 474 of Indian Penal Code

(for short I.P.C.).


3.                 Learned senior counsel further submits that the learned trial

Court has passed the order without giving notice to the applicant and without


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                                           (2)                      78 fa 1125.22

giving an opportunity to the applicant to put his side. There is violation of

principles of natural justice. Learned senior counsel further submits that this

Court (Coram: Shrikant D. Kulkarni, J.) has granted ad interim stay to the

order passed by the learned C.J.S.D., Beed by order dated 07.03.2022. The

said application was moved by Advocate R.S. Chalak. Hence the same relief

be given to the applicant.


4.              This Court (Coram: Shrikant D. Kulkarni, J.) has granted ad

interim stay to the order passed by the learned C.J.S.D., Beed.                    Hence, I

proceed to pass the following order:

                                        ORDER:

(i) The operation and execution of the impugned judgment and order dated 2.3.2022 passed in L.A.R. No.450/2015 by the Civil Judge, Senior Division, Beed is hereby stayed until further orders on condition that the applicant/appellant shall deposit the amount of costs of Rs.25,000/- imposed by the reference Court with the District Legal Services Authority, Beed without prejudice to the rights and interest of the parties.

(ii) Issue notice to the respondents, returnable on 11.07.2022.

This matter be heard along with F.A. No.369/2022.

[S.G. DIGE, J.]

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