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2008 Supreme(Bom) 1088

SWATANTER KUMAR, A.P.DESHPANDE
State of Maharashtra – Appellant
Versus
Ashok Laxman Wani – Respondent


Advocates appeared:
Mrs G P Mulekar, Assistant Government Pleader, for the State.
Mr R V Pai with Mr S S Kulkarni for the Respondent-Claimant and
Cross-Objectionists.
Mr S G Surana for the Appellants-Claimants in F.A. Nos.1510 to 1513
of 2006.

JUDGMENT : (PER SWATANTER KUMAR, C.J.)

Common, but, question of some significance in law arises for consideration of the court in all these Appeals. Despite liberal construction of application of law of amendment in Appeals before the Court of competent jurisdiction, we are called upon to determine the issue, as to whether the provisions of Order 6 Rule 17 of the Code of Civil Procedure, 1908 are applicable to the proceedings including the Appeal proceedings arising under the Land Acquisition Act, 1894 and if the answer is in the affirmative, what is the scope and limitation of such application. To examine various facets of this, reference to the facts giving rise to these Appeals would be necessary.

2. Vide its judgments dated 4th May 1996, 17th January 1997, 22nd August 2005 and 29th August 2005, the Joint District Judge, Raigad at Alibaug, answered 23 Land References made to it by the Collector under Section 18 of the Act. Aggrieved from the enhancement granted under the impugned judgments, the State filed present Appeals for reduction of the compensation awarded, while the Claimants being dissatisfied from the compensation awarded to them by the learned Court, h












































































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