Mohan Kashinathrao Kale vs The State Of Maharashtra Through ...
2023 Latest Caselaw 9263 Bom

                                   1                          18-SA.96-21.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                       18 SECOND APPEAL NO.96 OF 2021

                 MOHAN KASHINATHRAO KALE
                          VERSUS
     THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND
                         OTHERS

                                     ...
                   Advocate for Appellant : Mr. Singh J. N.
                 AGP for Respondent/s-State : Mr. A. B. Chate.
                                     ...

                                CORAM :      S. G. MEHARE, J.

                                DATE :       04.09.2023

     PER COURT :-

1. Heard the learned counsel for the appellant.

2. The appellant had filed the suit for injunction,

declaration and compensation against the Tahsildar. He had

issued a notice to the appellant for royalty. The said notice was

impugned before the High Court. The High Court directed the

Tahsildar to decide the notice on merit. However, he did not

decide the matter on merit and suddenly sealed machineries

kept there. Therefore, a civil suit was filed. The Civil Court had

granted the injunction and restore his business position and

present appellant started their business. The suit was decreed.

However, the said judgment was reversed in appeal. Hence,

the appellant is before the Court.

2 18-SA.96-21.odt

3. In view of the fact situation, the Court is of the view that

the other party needs to be heard before admission. Hence,

issue notice to the respondents before admission.

4. Learned AGP waives service of the notice for the

respondents-State. However, he seeks time to go through the

papers.

5. Learned counsel for the appellant to supply the appeal

memo and other relevant papers to him.

6. Stand over to 13.10.2023.

(S. G. MEHARE, J.)

...

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