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Bombay High Court

Mahadu Bapu Shedge (Deceased) Thr. ... vs The Land Acquisition Officer No.17 Pune ... on 2 March, 2023

Author: Amit Borkar

Bench: Amit Borkar

                                                                 903-fa-201-2021.doc


 Ghuge
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                           FIRST APPEAL NO.201 OF 2021

 Mahadu Tukaram Ambike                            ... Appellant
            V/s.
 The land Acquisition Officer No.3, Pune
 and Ors.                                         ... Respondent

                                     WITH
                         FIRST APPEAL (ST.) NO.120 2022
 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune                  ... Appellant
            V/s.
 Shivam Sakharam Parthe and Ors.                  ... Respondents
                                 WITH
                  INTERIM APPLICATION NO.18442 OF 2022
                                 WITH
                  INTERIM APPLICATION NO.18443 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune                  ... Appellant
            V/s.
 Shivam Sakharam Parthe and Ors.                  ... Respondent

                                  WITH
                    FIRST APPEAL (ST.) NO.123 OF 2022
                                  WITH
                  INTERIM APPLICATION NO.18445 OF 2022
                                  WITH
                  INTERIM APPLICATION NO.18446 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune                  ... Appellant
            V/s.



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 Baban Bhairu Sane and Ors.                    ... Respondent

                                   WITH
                     FIRST APPEAL (ST.) NO.126 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18448 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18447 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune               ... Appellant
            V/s.
 Narayan Raghu Sane (deceased ) Thr.
 LRS. 1.1) Anusaya Narayan Sane
 (deceased) Thr. LRS. 2,3 and 4 and Ors.       ... Respondents

                                 WITH
                    FIRST APPEAL (ST.) NO.127 OF 2022
                                 WITH
                  INTERIM APPLICATION NO.18452 OF 2022
                                 WITH
                  INTERIM APPLICATION NO.18451 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune               ... Appellant
            V/s.
 Baban Dhondiba Sane and Ors.                  ... Respondents

                                  WITH
                     FIRST APPEAL (ST.) NO.129 OF 2022
                                  WITH
                  INTERIM APPLICATION NO.18450 OF 2022
                                  WITH
                  INTERIM APPLICATION NO.18449 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune               ... Appellant
            V/s.



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 Raghu Bhagu Sane and Ors.                   ... Respondents

                                   WITH
                     FIRST APPEAL (ST.) NO.136 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18459 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18458 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
             V/s.
 Sakharam Tukaram Sane (deceased)
 Thr. LRS. 1.1) Raghu S. Sane and Ors.       ... Respondents

                                   WITH
                     FIRST APPEAL (ST.) NO.139 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18495 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18494 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.
 Raghu Bhagu Sane and Ors.                   ... Respondents

                                   WITH
                     FIRST APPEAL (ST.) NO.140 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18457 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18456 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.
 Dhondiba Sakharam Sane (deceased)           ... Respondents



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 Thr. LRS. 1.1) Raghuji Dhondiba Sane
 Ors.

                                   WITH
                     FIRST APPEAL (ST.) NO.145 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18453 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18454 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.
 Dinkar Krishna Godekar and Ors.             ... Respondents

                                  WITH
                     FIRST APPEAL (ST.) NO.146 OF 2022
                                  WITH
                  INTERIM APPLICATION NO.18439 OF 2022
                                  WITH
                  INTERIM APPLICATION NO.18438 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.
 Dhondiba Ganpat Sane (deceased LRS.
 1.1) Ganesh Dhondiba Sane and Ors.          ... Respondents

                                  WITH
                    FIRST APPEAL (ST.) NO.152 OF 2022
                                  WITH
                  INTERIM APPLICATION NO.18437 OF 2022
                                  WITH
                  INTERIM APPLICATION NO.18436 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.



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 Raghu Baghu Sane and Ors.                   ... Respondents

                                   WITH
                     FIRST APPEAL (ST.) NO.154 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18463 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18462 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.
 Dinkar Krishna Gadekar and Ors.             ... Respondents

                                   WITH
                     FIRST APPEAL (ST.) NO.157 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18461 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18460 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.
 Dhondiba Dagdu Sane (deceased) Thr.
 His LRS. 1.1) Baban Dhondiba Sane           ... Respondents

                                  WITH
                    FIRST APPEAL (ST.) NO.158 OF 2022
                                  WITH
                 INTERIM APPLICATION NO.18434 OF 2022
                                  WITH
                 INTERIM APPLICATION NO.18435 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.
 Rakhmaji Yeshu Chikane and Ors.             ... Respondents



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                                   WITH
                     FIRST APPEAL (ST.) NO.169 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18441 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18440 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.
 Shivam Sakharam Parte and Ors.              ... Respondents

                                   WITH
                     FIRST APPEAL (ST.) NO.173 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18485 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18486 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.
 Dhondiba Yashwant Parte and Ors.            ... Respondents

                                   WITH
                     FIRST APPEAL (ST.) NO.182 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18474 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18472 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.
 Baban Bhairu Sane and Ors.                  ... Respondents

                                 WITH



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                     FIRST APPEAL (ST.) NO.191 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18478 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18477 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.
 Mahadu Bapu Shedge (deceased) Thr.
 His LRS. 1.1) Kalabai Mahadu @
 Mahadeo Shedge and Ors.                     ... Respondents

                                  WITH
                     FIRST APPEAL (ST.) NO.192 OF 2022
                                  WITH
                  INTERIM APPLICATION NO.18482 OF 2022
                                  WITH
                  INTERIM APPLICATION NO.18484 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.
 Dhondiba Yashwant Parthe and Ors.           ... Respondents

                                   WITH
                     FIRST APPEAL (ST.) NO.223 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18480 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18481 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.
 Laxman Baburao Pilane (deceased) Thr.
 LRS. 1.1) Pradeep Laxman Pilane and
 Ors.                                        ... Respondents



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                                   WITH
                     FIRST APPEAL (ST.) NO.232 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18467 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18469 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
             V/s.
 Sakharam Tukaram Sane (deceased)
 Thr. LRS. 1.1) Raghu Sakharam Sane
 and Ors.                                    ... Respondents

                                   WITH
                     FIRST APPEAL (ST.) NO.240 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18489 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18491 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.
 Sudhir Shankar Alias Dinkar Sane and
 Ors.                                        ... Respondents

                                  WITH
                    FIRST APPEAL (ST.) NO.246 OF 2022
                                  WITH
                 INTERIM APPLICATION NO.18492 OF 2022
                                  WITH
                 INTERIM APPLICATION NO.18493 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune             ... Appellant
            V/s.



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 Rakhmaji Yeshu Chikane and Ors.                     ... Respondents

                                   WITH
                     FIRST APPEAL (ST.) NO.250 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18487 OF 2022
                                   WITH
                  INTERIM APPLICATION NO.18488 OF 2022

 The Acquiring Body, M.K.V.D.C., Nira
 Deoghar Irrigation Project Thr.
 S.D.O./Executive Engineer, Pune                     ... Appellant
            V/s.
 Bapu Krishna Mahasavade and Ors.                    ... Respondents

                                         WITH
                               FIRST APPEAL NO.90 OF 2023

 Dagdu Janu Sane (deceased) Thr. LRS.
 1.1) Shakuntala Dagdu Sane and Ors     ... Appellants
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                          ... Respondents
                               WITH
                  FIRST APPEAL NO.172 OF 2021

 Laxman Baburao Pilane (deceased) Thr.
 LRS. Anusaya Laxman Pilane and Ors.                 ... Appellant
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                       ... Respondents

                                      WITH
                           FIRST APPEAL NO.309 OF 2022

 Bapu Krishna Mahasavade                             ... Appellant
            V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                       ... Respondents

                                         WITH



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                           FIRST APPEAL NO.194 OF 2021

 Raghu Bhagu Sane and Ors.                        ... Appellants
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.685 OF 2021

 Rakhamaji Yeshu Chikane and Anr.                 ... Appellant
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.850 OF 2022

 Rakhmaji Yeshu Chikane and Anr.                  ... Appellant
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.173 OF 2021

 Dhondiba Ganpat Sane (deceased) Thr.
 His LRS. 1A) Ganesh Dhondiba Sane
 and Ors.                                         ... Appellant
           V/s.
 The Land Acquisition Officer No. 17
 Pune                                             ... Respondents

                                      WITH
                           FIRST APPEAL NO.170 OF 2021

 Narayan Raghu Sane (deceased. Thr. His
 LRS. 1A) Anusaya Narayan Sane
 (deceased)                                       ... Appellant
            V/s.
 The Land Acquisition Officer No.17               ... Respondents



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 Pune and Ors.

                                      WITH
                           FIRST APPEAL NO.192 OF 2021

 Baban Bhairu Sane and Ors.                       ... Appellant
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.177 OF 2021

 Dhondiba Sakaharam Sane (deceased)
 Thr. His LRS. 1A) Raghuji Dhondiba
 Sane and Ors.                         ... Appellants
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                         ... Respondents
                               WITH
                 FIRST APPEAL NO.200 OF 2021

 Dinkar Krishna Gadekar                           ... Appellant
            V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.331 OF 2022

 Baban Bhairu Sane                                ... Appellant
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.176 OF 2021

 Dhondiba Yashwant Parthe and Ors.                ... Appellant
           V/s.
 The Land Acquisition Officer No.17               ... Respondents



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 Pune and Ors.

                                     WITH
                          FIRST APPEAL NO.310 OF 2022

 Dhondiba Yashwant Parthe                         ... Appellant
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.424 OF 2022

 Dinkar Krishna Gadekar                ... Appellant
            V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                         ... Respondents
                               WITH
                 FIRST APPEAL NO.627 OF 2022

 Shivram Sakharam Parthe and Ors.                 ... Appellants
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.403 OF 2022

 Shivam Sakharam parthe                           ... Appellant
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.175 OF 2021

 Raghu Bhagu Sane                                 ... Appellant
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents




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                                      WITH
                           FIRST APPEAL NO.312 OF 2022

 Mahadu Bapu Shedge (deceased) Thr.
 LRS Kalabai Mahadu @ Mahadeo
 Shedge and Ors.                                  ... Appellant
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.650 OF 2022

 Sudhir Shankar @ Dinkar Sane and Ors.            ... Appellant
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.651 OF 2022

 Sakharam Tukaram Sane (deceased)
 Thr. LRS. 1A) Raghu Sakharam Sane
 and
 Ors.                                             ... Appellants
            V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.408 OF 2022

 Baban Dhondiba Sane and Ors.                     ... Appellants
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.593 OF 2021

 Dhondiba Dagdu Sane (deceased) Thr.              ... Appellant



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 His LRS. 1A) Baban Dhondiba Sane and
 Ors.
            V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.681 OF 2022

 Sakharam Tukaram Sane (deceased)
 Thr. LRS. 1A) Raghu Sakharam Sane
  and Ors.                                        ... Appellants
            V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.388 OF 2022

 Latika Vishnu Deshpande (deceased)
 Thr. Her Legal Heirs 1A) Ashok Vishnu
 Deshpande and ors.                               ... Appellant
            V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.311 OF 2022

 Jaggannath Baburao Mangrule                      ... Appellant
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.816 OF 2022

 Dhananjay Vishnu Deshpande                       ... Appellant
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents



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                                      WITH
                           FIRST APPEAL NO.678 OF 2022

 Bhikaji Maruti Bardade and Anr.                  ... Appellants
            V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.652 OF 2022


 Baydabai Janu Ambike                             ... Appellant
            V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents


                                      WITH
                           FIRST APPEAL NO.410 OF 2022


 Babu Bapu More (deceased) Thr. His
 LRS. 1A) Popat Babu More and Ors.                ... Appellant
            V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents

                                      WITH
                           FIRST APPEAL NO.330 OF 2022


 Ashok Vishnu Deshpande                           ... Appellant
            V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                    ... Respondents


                                      WITH
                           FIRST APPEAL NO.768 OF 2022




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 Mahesh Vishnu Deshpande                         ... Appellant
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                   ... Respondents

                                     WITH
                          FIRST APPEAL NO. 632 OF 2022

 Sampat Govind Ambike                            ... Appellant
           V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                   ... Respondents

                                     WITH
                          FIRST APPEAL NO. 169 OF 2021

 Vishnu N. Deshpande (deceased) Thr.
 LRS. Latika V. Deshpande Thr. LRS. (1A)
 Ashok Vishnu Deshpande and Ors                  ... Appellant
            V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                   ... Respondents

                                     WITH
                          FIRST APPEAL NO. 171 OF 2021

 Ramji Sakharam Ambike (deceased)
 Thr. LRS 1A. Baburao Ramji Ambike and
 Ors.                                            ... Appellant
            V/s.
 The Land Acquisition Officer No.17
 Pune and Ors.                                   ... Respondents


 Ms. Amrita Kharkar i/b Pallavi Potnis for the appellant.
 Mr. Tapan Thatte for respondent No.1.
 Ms. Tanaya Goswami AGP for the State.




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                               CORAM      : AMIT BORKAR, J.
                               DATED      : MARCH 2, 2023
 P.C.:

1. Following matters of village Parhar Khurd are to be tagged together :-

First Appeal No.90 of 2023, 172 of 2021, 309 of 2022, 194 of 2021, 685 of 2022, 850 of 2022, 173 of 2021, 170 of 2021, 192 of 2021, 177 of 2021, 200 of 2021, 331 of 2022, 176 of 2021, 310 of 2022, 424 of 2022, 627 of 2022, 403 of 2022, 175 of 2021, 312 of 2022, 650 of 2022, 651 of 2022, 408 of 2022, 593 of 2021, 681 of 2022, First Appeal Stamp No. 250 of 2022, 158 of 2022, 246 of 2022, 146 of 2022, 126 of 2022, 123 of 2022, 140 of 2022, 145 of 2022, 182 of 2022, 173 of 2022, 192 of 2022, 169 of 2022, 129 of 2022, 191 of 2022, 240 of 2022, 136 of 2022, 127 of 2022, 157 of 2022, 139 of 2022, 152 of 2022, 154 of 2022, 223 of 2022.

2. Following matters of village Parhar Budruk are to be tagged together:-

First Appeal No.201 of 2021, 388 of 2022, 311 of 2022, 816 of 2022, 678 of 2022, 652 of 2022, 410 of 2022, 330 of 2022, 768 of 2022, 632 of 2022, 169 of 2021, 171 of 2021, First Appeal Stamp No.120 of 2022, 140 of 2022, 169 of 2022, 154 of 2022.

3. Stand over to 8th March, 2023.

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