Bombay High Court
The Executive Engineer Kanher Canal ... vs Tatyaba Bala Thanekar (Sapkal) And Ors on 12 December, 2020
Author: M.S. Karnik
Bench: M.S. Karnik
Vina khadpe sr.13.fa.211.2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BEFORE THE NATIONAL LOK ADALAT
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 211 OF 2014
WITH
CAF NO.700 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Mr. Hariba Laxman Thanekar (Sapkal) and ...Respondents
ors
WITH
FIRST APPEAL NO. 237 OF 2014
WITH
CAF NO.718 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Vishnu Sadu Thanekar (Sapkal) and ors. ...Respondents
WITH
FIRST APPEAL NO. 216 OF 2014
WITH
CAF NO.703 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Mr. Tatyaba Bala Thanekar (Sapkal) and ors. ...Respondents
WITH
FIRST APPEAL NO.241 OF 2014
WITH
CAF NO.722 OF 2014
1/18
Vina khadpe sr.13.fa.211.2014.doc
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Bhausaheb Jotiram Mapari (Chavan) and ...Respondents
ors.
WITH
FIRST APPEAL NO.226 OF 2014
WITH
CAF NO.711 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Tatyaba Bala Thanekar (Sapkal) and ors. ...Respondents
WITH
FIRST APPEAL NO.230 OF 2014
WITH
CAF NO.714 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Tukaram Genu Sapkal (deceased) ...Respondents
through lrs. Smt. Sonabai T Sapkal and anr
WITH
FIRST APPEAL NO.238 OF 2014
WITH
CAF NO.720 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Hariba Laxman Thanekar (Sapkal) and ...Respondents
ors.
WITH
FIRST APPEAL NO.220 OF 2014
2/18
Vina khadpe sr.13.fa.211.2014.doc
WITH
CAF NO.706 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Mr. Shantaram Parbati More and ors. ...Respondents
WITH
FIRST APPEAL NO.225 OF 2014
WITH
CAF NO.710 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Mr. Ananda Pandurang More and ors ...Respondents
WITH
FIRST APPEAL NO.223 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Mr. Mahadeo Bala Thanekar (Sapkal) ...Respondents
(deceased) through Lrs.
WITH
FIRST APPEAL NO. 218 OF 2014
WITH
CAF NO. 704 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Mr. Maruti Krishna Babar and ors. ...Respondents
WITH
FIRST APPEAL NO.232 OF 2014
WITH
3/18
Vina khadpe sr.13.fa.211.2014.doc
CAF NO.716 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Ganpat Dhondi More (deceased) ...Respondents
through lrs. Smt. Yashoda More and ors
WITH
FIRST APPEAL NO.240 OF 2014
WITH
CAF NO.721 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Shankar Tukaram Godase and ors. ...Respondents
WITH
FIRST APPEAL NO. 229 OF 2014
WITH
CAF NO.713 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Laxman Ramu Thanekar (Sapkal) and ...Respondents
anr.
WITH
FIRST APPEAL NO.337 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Prakash Laxman Sapkal and ors. ...Respondents
WITH
CAF NO.1397 Of 2016
4/18
Vina khadpe sr.13.fa.211.2014.doc
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Mr. Abaji Ramu Sapkal and ors ...Respondents
WITH
CAF NO.1428 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Smt. Kalawati Baburao Jadhav (deceased) ...Respondents
through lrs. Nos.2 to 5 and ors.
WITH
CAF NO.1433 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Nathu Ramaji Thanekar (deceased) ...Respondents
Krishnat Nathu Sapkal (deceased) through
lrs. Jayashree Krishnat Sapkal and ors.
WITH
CAF NO.1432 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Smt. Kalawati Babu Jadhav (deceased) ...Respondents
through lrs. Nos.2 to 5 and ors.
WITH
CAF NO.1398 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Mr. Abaji Ramu Sapkal and ors. ...Respondents
WITH
CAF NO.1412 OF 2016
5/18
Vina khadpe sr.13.fa.211.2014.doc
AND
CAF NO.1413 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Ramchandra Balu Sapkal (deceased) ...Respondents
through lrs. Shankar Ramchandra Sapkal and
ors.
WITH
CAF NO.1430 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Mr. Daulat Anna Wagh and ors. ...Respondents
WITH
CAF NO.1416 OF 2016
AND
CAF NO.1417 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Tanubai Vitthal Pawar (deceased) ...Respondents
through lrs. Shankar Ramchandra Sapkal and
ors.
WITH
CAF NO.1431 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Smt. Kalawati Babu Jadhav (deceased) ...Respondents
through Lrs.
WITH
CAF NO.1400 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
6/18
Vina khadpe sr.13.fa.211.2014.doc
Division No.2 Applicant
Versus
Smt. Awadabai Ramrao Nikam and ors. ...Respondents
WITH
CAF NO.1402 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Kalawati Babu Jadhav (deceased) ...Respondents
through Lrs.
WITH
CAF NO.1427 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Smt. Kalawati Baburao Jadhav (deceased) ...Respondents
through Lrs. Nos.2 to 5 and ors.
WITH
CAF NO.1403 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Kalawti Babu Jadhav (deceased) ...Respondents
through Lrs. Nos.2 to 5
WITH
CAF NO.1410 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Khashaba Narayan Sakpal (deceased) ...Respondents
through Lrs. Suhas Khashba Sapkal and ors.
WITH
CAF NO.1399 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
7/18
Vina khadpe sr.13.fa.211.2014.doc
Division No.2 Applicant
Versus
Smt. Awadabai Ramrao Nikam and ors. ...Respondents
WITH
CAF NO.1434 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Nathu Ramaji Thanekar (deceased) ...Respondents
Krishnat Nathu Sapkal (deceased) through
Lrs. Jayashree Krishnat Sapkal and ors.
WITH
CAF NO.1429 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Mr.Daulat Anna Wagh and ors. ...Respondents
WITH
CAF NO.1411 OF 2016
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Khashaba Narayan Sakpal (deceased) ...Respondents
through Lrs. Suhas Khashba Sapkal and ors.
WITH
FIRST APPEAL NO.333 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Laxman Jagannath Thanekar (Sapkal) ...Respondents
and ors.
WITH
FIRST APPEAL NO.334 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
8/18
Vina khadpe sr.13.fa.211.2014.doc
Division No.2 Applicant
Versus
Sou, Balutai Parashram More and ors ...Respondents
WITH
FIRST APPEAL NO.29 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Pandurang Dhondi Panhalkar and ors. ...Respondents
WITH
FIRST APPEAL NO.69 OF 2014
WITH
IA NO.3117 OF 2020
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Vishnu Dhondi Panhalkar (dead) ...Respondents
through Lrs. Smt Anusaya Vishnu Panhalkar
and ors
WITH
FIRST APPEAL NO. 94 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Balku B. Panhalkar (dead) ...Respondents
through Lrs. Sachin T. Panhalkar and ors
WITH
FIRST APPEAL NO. 106 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Ramchandra Dhondi Panhalkar and ors ...Respondents
WITH
FIRST APPEAL NO. 116 OF 2014
9/18
Vina khadpe sr.13.fa.211.2014.doc
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Kisan Jagannath Panhalkar and ors ...Respondents
WITH
FIRST APPEAL NO. 30 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Shankar Dhondiba Panhalakar ...Respondents
(deceased) through Lrs Vishwanath Shankar
Panhalkar and ors.
WITH
FIRST APPEAL NO. 119 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Balu Dhondi Panhalkar (deceased) ...Respondents
through Lrs. Smt. Hirabi Balu Panhalkar and
ors
WITH
FIRST APPEAL NO. 90 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Vasant Joti Pawar and ors ...Respondents
WITH
FIRST APPEAL NO. 98 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Vitthal Dagadu Pawar and ors ...Respondents
WITH
FIRST APPEAL NO. 113 OF 2014
10/18
Vina khadpe sr.13.fa.211.2014.doc
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Balkrishna Dhondi Panhalakar and ors ...Respondents
WITH
FIRST APPEAL NO. 96 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Shankar Pandurang Panhalkar (deceased) ...Respondents
through Lrs. Sau Alka Banaji Ghadage and
ors
WITH
FIRST APPEAL NO. 112 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Shivai Raoji Panhalakar and ors ...Respondents
WITH
FIRST APPEAL NO. 91 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Vyankatrao Bhagoji Panhalkar and ors. ...Respondents
WITH
FIRST APPEAL NO. 92 OF 2014
WITH
IA NO.3115 OF 2020
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Smt. Parbati Shripati Panhalkar and ors ...Respondents
WITH
FIRST APPEAL NO.33 OF 2014
11/18
Vina khadpe sr.13.fa.211.2014.doc
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Ananda Ramchandra Salunkhe and ors ...Respondents
WITH
FIRST APPEAL NO.111 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Rajaram Shripati Panhalkar (deceased) ...Respondents
through Lrs. Mr. Sanjay Rajaram Panhalkar
and ors.
WITH
FIRST APPEAL NO.55 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Sakha Ganu Panhalkar (deceased) ...Respondents
through Lrs. Shankar Sakharam Panhalkar
and ors
WITH
FIRST APPEAL NO.57 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Dhondiba Babu Panhalakar and ors. ...Respondents
WITH
FIRST APPEAL NO.56 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Krishna Pandurang Salunkhe and ors ...Respondents
WITH
FIRST APPEAL NO.117 OF 2014
12/18
Vina khadpe sr.13.fa.211.2014.doc
WITH
IA NO.3103 OF 2020
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Gujaba Shripati Panhalkar and ors ...Respondents
WITH
FIRST APPEAL NO. 58 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Maruti Dhondi Panhalkar and ors ...Respondents
WITH
FIRST APPEAL NO. 114 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Maruti Raghu Panhalkar and ors ...Respondents
WITH
FIRST APPEAL NO. 110 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Khetri Ganu Panhalkar (deceased) ...Respondents
through Lrs. Sampat Khetri Panhalkar and ors
WITH
FIRST APPEAL NO. 32 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Dagadu Pandurang Panhalkar and ors ...Respondents
13/18
Vina khadpe sr.13.fa.211.2014.doc
WITH
FIRST APPEAL NO. 109 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Hari Naru Panhalkar and ors ...Respondents
WITH
FIRST APPEAL NO. 118 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Bhau Ravaji Panhalkar and ors ...Respondents
WITH
FIRST APPEAL NO. 120 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Bandu Dhondi Panhalakr and ors. ...Respondents
WITH
FIRST APPEAL NO. 107 OF 2014
WITH
IA NO.3119 OF 2020
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Ganpati shripati Panhalkar and ors. ...Respondents
WITH
FIRST APPEAL NO. 68 OF 2014
14/18
Vina khadpe sr.13.fa.211.2014.doc
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Laxman Dhondi Panhalkar and ors. ...Respondents
WITH
FIRST APPEAL NO. 65 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Sahebrao Tukaram Panhalkar and ors. ...Respondents
WITH
FIRST APPEAL NO.115 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Bajirao Raghunath Kadam and ors ...Respondents
WITH
FIRST APPEAL NO.339 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Tukaram Bayaji Thanekar (Sapkal) and ...Respondents
ors
WITH
FIRST APPEAL NO.338 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Chandrakant Hariba Thanekar and ors ...Respondents
WITH
FIRST APPEAL NO.1307 OF 2013
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
15/18
Vina khadpe sr.13.fa.211.2014.doc
Versus
Shri Ramchandra Dhondiba Thanekar and ...Respondents
ors
WITH
CAF NO.2625 OF 2013
Chief Executive Engineer Kanher 2, Satara ...Appellant /
Applicant
Versus
Shri Anandrao / Ananda Sitaram Shinde and ...Respondents
ors.
WITH
CAF NO.2626 OF 2013
Chief Executive Engineer Kanher 2, Satara ...Appellant /
Applicant
Versus
Shri Anandrao / Ananda Sitaram Shinde and ...Respondents
ors.
WITH
CAF NO.2627 OF 2013
Chief Executive Engineer Kanher 2, Satara ...Appellant /
Applicant
Versus
Shri Krishnat Raghu Shinde and ors. ...Respondents
WITH
CAF NO.2850 OF 2013
Chief Executive Engineer Kanher 2, Satara ...Appellant /
Applicant
Versus
Shri Krushnaji Bapu Patil and ors. ...Respondents
WITH
CAF NO.2629 OF 2013
Chief Executive Engineer Kanher 2, Satara ...Appellant /
Applicant
16/18
Vina khadpe sr.13.fa.211.2014.doc
Versus
Mr. Shankar Bahiru Shinde (deceased) ...Respondents
through Lrs Smt. Laxmibai Shankar Shinde
and ors
WITH
CAF NO.2628 OF 2013
Chief Executive Engineer Kanher 2, Satara ...Appellant /
Applicant
Versus
Shri Krishnat Raghu Shinde and ors. ...Respondents
WITH
CAF NO.2630 OF 2013
Chief Executive Engineer Kanher 2, Satara ...Appellant /
Applicant
Versus
Mr. Shankar Bahiru Shinde (dead) ...Respondents
through Lrs. Smt. Laxmibai Shankar Shinde
and ors
WITH
FIRST APPEAL NO. 336 OF 2014
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Jagu Balaku Thanekar and ors ...Respondents
WITH
FIRST APPEAL NO. 1305 OF 2013
The Executive Engineer Kanher Canal ...Appellant /
Division No.2 Applicant
Versus
Shri Hanmant Bandu More and ors. ...Respondents
----------
Shri D. D. Shinde for the appellant. Shri. A. R. Patil, AGP for the respondent-State.
----------
17/18Vina khadpe sr.13.fa.211.2014.doc CORAM : M.S. KARNIK, J S. R. SALKUTE, OSD P. P. SHARMA, Deputy Registrar DATE : 12th December 2020. P.C. :
1. Learned counsel for the appellant seeks leave to withdraw the present appeals on instructions from, Executive Engineer Shri S. S. Gaikwad, who is present in Court, today.
2. Appeals are allowed to be withdrawn. Appeals stand disposed of. In view disposal of appeals, the Civil Applications, if any, stand disposed of.
3. Refund of Court fees, if any, in accordance with Rules.
[P. P. SHARMA] [S. R. SALKUTE] [M.S. KARNIK, J.] Digitally signed by Vina A. Vina A. Khadpe Khadpe Date:
2021.01.07 17:52:59 +0530 18/18