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2012 Supreme(Bom) 478

B.P.DHARMADHIKARI
State of Maharashtra, Through Collector, Yavatmal. – Appellant
Versus
Krishnaawatar Daulatsingh Madan – Respondent


Advocates Appeared:
For the Appellant:Mr. C.S. Kaptan, Advocate.
For the Respondent:Mr. Anand Parchure, Advocate.

Judgment

B.P. Dharmadhikari, J

1. By this appeal filed under Section 96 of the Civil Procedure Code, the appellant State has questioned the judgment and decree passed by the Civil Judge, Senior Division, Yavatmal in Special Civil Suit No. 4/1981 on 31.12.1990, decreeing the suit of respondent/plaintiff for amount of Rs. 61,41,048/& rejecting appellant/defendant's counter claim of Rs. 5,00,000/. Trial Court has directed the appellant/defendant to pay interest at 12% p.a., from the date of suit till realization of the amount. This Court has admitted the appeal on 02.05.1991 and after hearing both the sides, stayed the execution of the decree on 28.10.1991. This stay order was sought to be reviewed by filing Civil Application No. 782/1992 which is rejected on 08.12.1993. Respondent (original plaintiff) then approached the Hon'ble Supreme Court in Special Leave Petition (Civil) No. 324/1995 and it was dismissed on 02.01.1995. On 08.12.1993, while rejecting another review application this Court had directed expeditious disposal of the appeal.

2. We have heard Shri C.S. Kaptan, learned Special Counsel for the appellant/defendant State. He has taken us through entire material on record in























































































































































































































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