THE STATE OF MAHARASHTRA v. MADHAV KUSHABA BORASTE
FA/696/2024 · 2026-09-22
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9788 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9788 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
98-FA-696-2024.doc Sayali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 696 OF 2024 WITH CIVIL APPLICATION NO. 121 OF 2024 IN FIRST APPEAL NO. 696 OF 2024 The State of Maharashtra … Appellant V/s. Madhav Kushaba Boraste … Respondent Mr. A. R. Patil, Additional GP for Appellant.
CORAM : AMIT BORKAR, J. DATED : SEPTEMBER 22, 2026 P.C.:
CIVIL APPLICATION NO. 121 OF 2024
1. Considering the reasons assigned in paragraphs 2 and 3 of the interim application, the same is allowed. The delay caused in filing the first appeal stands condoned.
2. The interim application stands disposed of.
FIRST APPEAL NO. 696 OF 2024
3. The present First Appeal arises from the judgment and Award dated 01 January 2010 passed by the learned District Judge-2, Nashik, in L.A.R. No. 01 of 2001. On consideration of the enhanced compensation awarded by the Reference Court, it is noticed that the amount of enhancement is less than Rs.2 lakh. Having regard to the quantum involved and the applicable 1 SAYALI DEEPAK UPASANI Digitally signed by SAYALI DEEPAK UPASANI Date: 2026.09.22 16:50:38 +0530
98-FA-696-2024.doc administrative policy governing appeals in matters involving such limited enhancement, I am of the view that no interference with the impugned judgment and Award is warranted in the present appeal.
4. In view of the aforesaid circumstance, the First Appeal is dismissed.
5. It is clarified that this Court has not examined or adjudicated upon the merits of the claims or the correctness of the findings recorded by the Reference Court. The dismissal of the First Appeal is confined to the ground that the amount of enhanced compensation involved is less than Rs.2 lakh. The dismissal shall, therefore, not be construed as an adjudication on the merits of the
judgment and Award under challenge.
6. In view of the disposal of the First Appeal, all pending interlocutory applications, if any, do not survive and are accordingly disposed of.
(AMIT BORKAR, J.) 2