Suko (Sukdo) Bhomo Gaude (Since Dec.) ... vs Babusso Bhoma Gaude (Since Deceased) ...
2024 Latest Caselaw 24253 Bom

Bombay High Court

Suko (Sukdo) Bhomo Gaude (Since Dec.) ... vs Babusso Bhoma Gaude (Since Deceased) ... on 16 August, 2024

                                        3-4 AO-5-2023.DOC




Meena

                 IN THE HIGH COURT OF BOMBAY AT GOA
                  APPEAL FROM ORDER NO.5 OF 2023
                               WITH
                  CIVIL APPLICATION NO.32 OF 2023

                  APPEAL FROM ORDER NO.5 OF 2023
                               AND
                  APPEAL FROM ORDER NO.6 OF 2023

SUKO (SUKDO) BHOMO GAUDE (SINCE
DEC.) REP. BY HIS LRS AND ANR                               ... APPELLANTS

Versus

BABUSSO BHOMA GAUDE (SINCE
DECEASED) REP. BY LRS AND 6 ORS                             ... RESPONDENTS

                               WITH
                  CIVIL APPLICATION NO.32 OF 2023
                                IN
                  APPEAL FROM ORDER NO.5 OF 2023

                               AND
                  CIVIL APPLICATION NO.33 OF 2023
                                IN
                  APPEAL FROM ORDER NO.6 OF 2023

SUKO (SUKDO) BHOMO GAUDE (SINCE
DEC.) REP. BY HIS LRS AND ANR                               ... APPLICANTS

Versus

BABUSSO BHOMA GAUDE (SINCE
DECEASED) REP. BY LRS AND 6 ORS                             ... RESPONDENTS

Mr. Pranay Kamat, Advocate for the Appellants.

                                   CORAM:-BHARAT P. DESHPANDE, J.

DATED :- 16th August, 2024

3-4 AO-5-2023.DOC

P.C.:

1. Heard Mr. P. Kamat, learned Counsel for the Appellant.

2. The present proceedings are filed thereby challenging the

judgment and order disposing of the reference under Section 30 of

the Land Acquisition Act, by the District Court.

3. Mr. Kamat submits that initially, he filed a First Appeal since

the objection was raised by the Registry that there is no award

drawn which is converted into Appeal from Order.

4. Reference under Section 30 of the Land Acquisition Act is

decided by the learned trial Court by its judgment dated

31/12/2021 thereby holding that party Nos.1 to 8 are entitled to

compensation amount.

5. Even though in the initial order /judgment is recorded that

the award should be drawn by corrigendum, such words have been

deleted. Mr. Kamat submits that since there was no award drawn

by the Reference Court, he converted the present matters into

Appeal from Orders.

6. Registry to verify whether proceedings is filed as Appeal from

Orders would lie against the Judgment to reference under Section

30 thereby adjudicating the rights of the parties or whether it

should be a First Appeal.

3-4 AO-5-2023.DOC

7. The learned Registrar(Judicial) shall submit his report within

a period of one week.

BHARAT P. DESHPANDE, J.