The Executive Engineer, Lower Pus ... vs Nandkumar S/O Deobarao Naik And ...
2023 Latest Caselaw 10933 Bom

  2023:BHC-NAG:15517


                                                                 1                                 43A.MCA.3-2021.odt




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

                                         MISC. CIVIL APPLICATION NO. 3 OF 2021
                                                           IN
                                           FIRST APPEAL NO. 1399 OF 2008(D)
                    ( The Executive Engineer, Lower Pus Project, Pusad, District Yavatmal
                                                    Vs.
                                   Nandkumar S/o Deobarao Naik & Ors. )
                  Office Notes, Office Memoranda                     Court's or Judge's orders
                  of Coram, Appearances, Court's
                  orders     or    directions and
                  Registrar's orders

                                          Mr. A.B. Patil, Advocate for the Applicant/Appellant.
                                          Mr. S.U. Nemade, Advocate a/w Mr. S.S. Nemade, Advocate for the
                                          Respondent No.1.
                                          Mr. B.M. Lonare, AGP for the Respondent Nos. 2 & 3/State.



                                          CORAM:       AVINASH G. GHAROTE, J.

DATED : 20th OCTOBER, 2023

Misc. Civil Application No. 3/2021 seeks review of the judgment dated 03.10.2019 in First Appeal No.1399/2008 on the ground is the quantum of trees and the consequent compensation granted, however since the JMR has been relied upon, no ground is made out for review, which is fortified what has been held in Executive Engineer, Lower Pus Project, Pusad Vs. Ashokkumar s/o Deobarao Naik and others, 2022(5) Mh.L.J. 367.

2. The Application is therefore rejected. No costs.

(AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 21/10/2023 16:47:49