Balasaheb Dnyanu Chougule And Ors vs Government Of Maharashtra (Thr. ...
2022 Latest Caselaw 10840 Bom

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                                                         16.CAS.1733.2017(U).doc


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

              CIVIL APPLICATION NO. 1733 OF 2017
                              IN
               CIVIL APPLICATION NO. 42 OF 2017

Balasaheb Dnyanu Chougule & Ors.                      ....Applicants
     V/S
Government Of Maharashtra (thr.
The Secretary) & Ors.                                 ....Respondents

Ms Shraddha Pawar for the applicants.
Mr Rohit Gorade i/b. Mr Rameshwar N. Gite for the respondent
no. 3.


                              CORAM : NITIN W. SAMBRE, J.

DATED : 17th OCTOBER, 2022 P.C.:

1. The appellants/plaintiffs land was acquired by the

respondent-State Government for extension of gaothan for which

section 4 notification was gazetted on 12/08/1971.

2. After the land of the appellants was acquired and possession

was taken, the same was allegedly distributed amongst the

beneficiaries as the acquisition was for extension of gaothan.

3. The special civil suit no. 91 of 1976 preferred by the other

villagers questioning the acquisition appears to have been

decreed on 16/09/1989 which decree was confirmed in Regular

Civil Appeal No. 253 of 1990. The said appeal was dismissed on

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16.CAS.1733.2017(U).doc

30/11/1995.

4. Forming said judgment with the basis, suit being Regular

Civil Suit No. 6 of 2000 was taken out by the appellants/plaintiffs

for possession which was dismissed on 08/12/2005. The appeal

preferred by the appellants/plaintiffs was also dismissed on

12/11/2014. As such, this second appeal.

5. Learned counsel for the appellants at this stage seeks time

to argue the matter.

6. Stand over to 18/10/2022 at 2.30PM under the caption part

heard Digitally signed ANANT by ANANT KRISHNA NAIK KRISHNA Date:

NAIK      2022.10.17
          19:37:01 +0530



                                                             (NITIN W. SAMBRE, J.)




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