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  1. Home/
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  4. 2024/
  5. November

The Maharashtra State Electricity Board vs. Prabhau Tatya Mundhe and Anr

Decided on 30 November 2024• Citation: CA/3639/2009• Bombay High Court
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    2024:BHC-AUG:30969                                                            
                                                 ( 1 )                 55 to 73   
                    This order is corrected pursuant to speaking to minutes order dt.20.02.2025.
                           IN THE NATIONAL LOK ADALAT PRESIDED OVER BY            
                               HON’BLE SHRI JUSTICE KISHORE C. SANT,              
                                   HELD ON 30th NOVEMBER 2024,                    
                           AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE             
                                         AT AURANGABAD                            
                                  55 FIRST APPEAL NO. 344 OF 2003                 
                               Executive Engineer Civil Construction Beed         
                                             VERSUS                               
                                   Shivaji Baburao Munde And Ors.                 
                                              WITH                                
                                 CIVIL APPLICATION NO. 3044 OF 2003               
                                          IN FA/344/2003                          
                                              AND                                 
                                 56 FIRST APPEAL NO. 1148 OF 2004                 
                               Executive Engineer M S E B Parali Vaijnath         
                                             VERSUS                               
                                   Sarubai Limbaji Munde Died Lrs                 
                                              WITH                                
                                 CIVIL APPLICATION NO. 6926 OF 2004               
                                         IN FA/1148/2004                          
                                              AND                                 
                                 57 FIRST APPEAL NO. 1149 OF 2004                 
                                   Executive Engineer Civil M S E B               
                                             VERSUS                               
                                   Sambhaji Dagdu Munde And Ors                   
                                              WITH                                
                                 CIVIL APPLICATION NO. 6925 OF 2004               
                                         IN FA/1149/2004                          
                                              AND                                 
                                 58 FIRST APPEAL NO. 1150 OF 2004                 
                                   Executive Engineer Civil M S E B               
                                             VERSUS                               

                                                 ( 2 )                 55 to 73   
                    This order is corrected pursuant to speaking to minutes order dt.20.02.2025.
                                   Rambhau Kundlik Shep And Anr                   
                                              AND                                 
                                 59 FIRST APPEAL NO. 1227 OF 2004                 
                                     Executive Engineer M S E B                   
                                             VERSUS                               
                               Digambar Narayanrao Mundhe And Others              
                                              AND                                 
                                 60 FIRST APPEAL NO. 1228 OF 2004                 
                                     Executive Engineer M S E B                   
                                             VERSUS                               
                                     Rama Limbaji Phad And Anr                    
                                              WITH                                
                                 CIVIL APPLICATION NO. 1814 OF 2005               
                                         IN FA/1228/2004                          
                                              WITH                                
                                 CIVIL APPLICATION NO. 1815 OF 2005               
                                         IN CA/1814/2005                          
                                              AND                                 
                                 61 FIRST APPEAL NO. 1638 OF 2004                 
                                     The Executive Engineer Beed                  
                                             VERSUS                               
                                  Dnyanoba Nivrutti Munde And Anr.                
                                              WITH                                
                                 CIVIL APPLICATION NO. 1925 OF 2005               
                                         IN FA/1638/2004                          
                                              WITH                                
                                 CIVIL APPLICATION NO. 1808 OF 2005               
                                         IN FA/1635/2004                          
                                              WITH                                
                                   FIRST APPEAL NO. 1635 OF 2004                  
                                      The Ex Engineer M S E B                     
                                             VERSUS                               
                                   Mithu Kundalik Shinde And Ors.                 
                                              AND                                 

                                                 ( 3 )                 55 to 73   
                    This order is corrected pursuant to speaking to minutes order dt.20.02.2025.
                                   FIRST APPEAL NO. 987 OF 2004                   
                              Executive Engineer Civil Construction Division      
                                             VERSUS                               
                                   Gangaram Tatya Munde And Ors                   
                                              WITH                                
                                 CIVIL APPLICATION NO. 5344 OF 2004               
                                          IN FA/987/2004                          
                                              WITH                                
                                   FIRST APPEAL NO. 989 OF 2004                   
                                              WITH                                
                                 CIVIL APPLICATION NO. 5346 OF 2004               
                                          IN FA/989/2004                          
                                              WITH                                
                                   FIRST APPEAL NO. 986 OF 2004                   
                                              WITH                                
                                 CIVIL APPLICATION NO. 5343 OF 2004               
                                          IN FA/986/2004                          
                                              WITH                                
                                   FIRST APPEAL NO. 984 OF 2004                   
                                              WITH                                
                                 CIVIL APPLICATION NO. 5341 OF 2004               
                                          IN FA/984/2004                          
                                              WITH                                
                                   FIRST APPEAL NO. 992 OF 2004                   
                                              WITH                                
                                 CIVIL APPLICATION NO. 5349 OF 2004               
                                          IN FA/992/2004                          
                                              WITH                                
                                   FIRST APPEAL NO. 985 OF 2004                   
                            The Executive Engineer Civil Construction M S E B     
                                             VERSUS                               
                               Balasaheb Deorao Munde And Two Others              
                                              WITH                                
                                 CIVIL APPLICATION NO. 5342 OF 2004               
                                          IN FA/985/2004                          

                                                 ( 4 )                 55 to 73   
                    This order is corrected pursuant to speaking to minutes order dt.20.02.2025.
                                              WITH                                
                                   FIRST APPEAL NO. 988 OF 2004                   
                            The Executive Engineer Civil Construction M S E B     
                                             VERSUS                               
                     Ganpati Daulata Munde Deceased Lrs And Five Others           
                                              WITH                                
                                 CIVIL APPLICATION NO. 5345 OF 2004               
                                          IN FA/988/2004                          
                                              WITH                                
                                   FIRST APPEAL NO. 991 OF 2004                   
                                 Executive Engineer Civil Construction            
                                             VERSUS                               
                                    Sopan Maruti Munde And Anr                    
                                              WITH                                
                                 CIVIL APPLICATION NO. 5348 OF 2004               
                                          IN FA/991/2004                          
                                              WITH                                
                                   FIRST APPEAL NO. 835 OF 2004                   
                             Executive Engineer Civil Construction Divi Mseb      
                                             VERSUS                               
                               Dr Anant Awadhutrao Deshpande And Anr              
                                              WITH                                
                                 CIVIL APPLICATION NO. 4352 OF 2004               
                                          IN FA/835/2004                          
                                              WITH                                
                                   FIRST APPEAL NO. 836 OF 2004                   
                                    Executive Engineer Civil Mseb                 
                                             VERSUS                               
                          Kishoribai Madhavrao Deshpande Deceased Lrs And Ors     
                                              WITH                                
                                 CIVIL APPLICATION NO. 4355 OF 2004               
                                          IN FA/836/2004                          
                                              AND                                 

                                                 ( 5 )                 55 to 73   
                    This order is corrected pursuant to speaking to minutes order dt.20.02.2025.
                                  63 FIRST APPEAL NO. 612 OF 2006                 
                                      The Ex Eng. M S E B Beed                    
                                             VERSUS                               
                                   Gondiba Appaji Kachale And Anr                 
                                              WITH                                
                                 CIVIL APPLICATION NO. 3797 OF 2006               
                                          IN FA/612/2006                          
                                              AND                                 
                                  64 FIRST APPEAL NO. 616 OF 2006                 
                                      The Ex Eng. M S E B Beed                    
                                             VERSUS                               
                                        Eknath Sopan Munde                        
                                              WITH                                
                                 CIVIL APPLICATION NO. 3808 OF 2006               
                                          IN FA/616/2006                          
                                              AND                                 
                                  65 FIRST APPEAL NO. 618 OF 2006                 
                            The Ex Engineer, Civil Construction Division No. 4    
                                             VERSUS                               
                                    Vasant Sopan Munde And Anr                    
                                              WITH                                
                                 CIVIL APPLICATION NO. 3799 OF 2006               
                                          IN FA/618/2006                          
                                              AND                                 
                                  66 FIRST APPEAL NO. 619 OF 2006                 
                                      The Ex Eng. M S E B Beed                    
                                             VERSUS                               
                        Babu Dhondiba Kachale L.rs. Laximibai Babu Kachale And Ors
                                              WITH                                
                                 CIVIL APPLICATION NO. 3800 OF 2006               
                                          IN FA/619/2006                          
                                              AND                                 
                                 67 FIRST APPEAL NO. 1558 OF 2008                 

                                                 ( 6 )                 55 to 73   
                    This order is corrected pursuant to speaking to minutes order dt.20.02.2025.
                           The Executive Engineer, Thermal Power Station, Parli   
                                             VERSUS                               
                              Guru Revansidhyaa Swami Trust Thr President         
                                              AND                                 
                                 68 FIRST APPEAL NO. 1002 OF 2010                 
                              The M.s.e.b Through The Executive Engineer          
                                             VERSUS                               
                                  Sumanbai Pralhad Mundhe And Anr                 
                                              WITH                                
                                   FIRST APPEAL NO. 706 OF 2010                   
                             The The M S E B Throu The Executive Engineer         
                                             VERSUS                               
                                      Vaijinath Bhimrao Munde                     
                                              WITH                                
                                 CIVIL APPLICATION NO. 3637 OF 2009               
                                          IN FA/706/2010                          
                             The The M S E B Throu The Executive Engineer         
                                             VERSUS                               
                                      Vaijinath Bhimrao Munde                     
                                              WITH                                
                                   FIRST APPEAL NO. 708 OF 2010                   
                             The The M S E B Throu The Executive Engineer         
                                             VERSUS                               
                       Kisan Vithoba Aaghav Throu Lrs Manik Kisan Aaghav Died L Rs
                                   Prayagbai Manik Aaghav And Ors                 
                                              WITH                                
                                 CIVIL APPLICATION NO. 3641 OF 2009               
                                          IN FA/708/2010                          
                             The The M S E B Throu The Executive Engineer         
                                             VERSUS                               
                       Kisan Vithoba Aaghav Throu Lrs Manik Kisan Aaghav Died L Rs

                                                 ( 7 )                 55 to 73   
                    This order is corrected pursuant to speaking to minutes order dt.20.02.2025.
                                   Prayagbai Manik Aaghav And Ors                 
                                              WITH                                
                                   FIRST APPEAL NO. 709 OF 2010                   
                                The Maharashtra State Electricity Board           
                                             VERSUS                               
                                   Prabhau Tatya Mundhe And Anr                   
                                              WITH                                
                                 CIVIL APPLICATION NO. 3639 OF 2009               
                                          IN FA/709/2010                          
                                The Maharashtra State Electricity Board           
                                             VERSUS                               
                                   Prabhau Tatya Mundhe And Anr                   
                                              WITH                                
                                 CIVIL APPLICATION NO. 4418 OF 2009               
                                         IN FA/1002/2010                          
                              The M.s.e.b Through The Executive Engineer          
                                             VERSUS                               
                                  Sumanbai Pralhad Mundhe And Anr                 
                                              WITH                                
                                   FIRST APPEAL NO. 1003 OF 2010                  
                                  The M.s.e.b. The Executive Engineer             
                                             VERSUS                               
                                  Kondiram Govinda Mundhe And Anr                 
                                              WITH                                
                                 CIVIL APPLICATION NO. 4416 OF 2009               
                                         IN FA/1003/2010                          
                                  The M.s.e.b. The Executive Engineer             
                                             VERSUS                               
                                  Kondiram Govinda Mundhe And Anr                 
                                              WITH                                
                                   FIRST APPEAL NO. 1005 OF 2010                  

                                                 ( 8 )                 55 to 73   
                    This order is corrected pursuant to speaking to minutes order dt.20.02.2025.
                              The M.s.e.b. Through The Executive Engineer         
                                             VERSUS                               
                                   Vaijinath Mahadeo Aghav And Ors                
                                              WITH                                
                                 CIVIL APPLICATION NO. 4428 OF 2009               
                                         IN FA/1005/2010                          
                              The M.s.e.b. Through The Executive Engineer         
                                             VERSUS                               
                                   Vaijinath Mahadeo Aghav And Ors                
                                              WITH                                
                                   FIRST APPEAL NO. 1006 OF 2010                  
                              The M.s.e.b. Through The Executive Engineer         
                                             VERSUS                               
                                      Shrirang Manaji Mundhe                      
                                              WITH                                
                                 CIVIL APPLICATION NO. 4426 OF 2009               
                                         IN FA/1006/2010                          
                                              WITH                                
                                   FIRST APPEAL NO. 1000 OF 2010                  
                              The M.s.e.b. Through The Executive Engineer         
                                             VERSUS                               
                                    Venkat Namdeo Aghav And Anr                   
                                              WITH                                
                                 CIVIL APPLICATION NO. 4422 OF 2009               
                                         IN FA/1000/2010                          
                                              WITH                                
                                   FIRST APPEAL NO. 1001 OF 2010                  
                              The M.s.e.b. Through The Executive Engineer         
                                             VERSUS                               
                                  Madhav Manikrao Mundhe And Anr                  
                                              WITH                                
                                 CIVIL APPLICATION NO. 4420 OF 2009               
                                         IN FA/1001/2010                          
                                              WITH                                
                                   FIRST APPEAL NO. 1004 OF 2010                  

                                                 ( 9 )                 55 to 73   
                    This order is corrected pursuant to speaking to minutes order dt.20.02.2025.
                              The M.s.e.b. Through The Executive Engineer         
                                             VERSUS                               
                                       Shriram Munjaji Munde                      
                                              WITH                                
                                 CIVIL APPLICATION NO. 4430 OF 2009               
                                         IN FA/1004/2010                          
                                              AND                                 
                                 69 FIRST APPEAL NO. 1532 OF 2010                 
                              The M.s.e.b. Throught The Executive Engineer        
                                             VERSUS                               
                                    Bhima Dhenu Rathod And Anr                    
                                              WITH                                
                                 CIVIL APPLICATION NO. 4625 OF 2009               
                                         IN FA/1532/2010                          
                                              AND                                 
                                 70 FIRST APPEAL NO. 1533 OF 2010                 
                               The Mseb Through The Executive Engineer            
                                             VERSUS                               
                                   Manik Narayan Mundhe And Ors                   
                                              WITH                                
                                 CIVIL APPLICATION NO. 4623 OF 2009               
                                         IN FA/1533/2010                          
                                              AND                                 
                                 71 FIRST APPEAL NO. 1534 OF 2010                 
                              The M.s.e.b. Through The Executive Engineer         
                                             VERSUS                               
                                   Sambhaji Namdeo Aghav And Ors                  
                                              WITH                                
                                 CIVIL APPLICATION NO. 4621 OF 2009               
                                         IN FA/1534/2010                          
                                              AND                                 
                                 72 FIRST APPEAL NO. 1535 OF 2010                 
                              The M.s.e.b. Through The Executive Engineer         
                                             VERSUS                               
                                     Mehboob Umarkhan And Anr                     
                                              AND                                 

                                                 ( 10 )                55 to 73   
                    This order is corrected pursuant to speaking to minutes order dt.20.02.2025.
                                 73 FIRST APPEAL NO. 3403 OF 2011                 
                     The Maharashtra Power Generation Co.,ltd Previously Mseb Through
                                    The Ex. Engineer,parali Vaijnath              
                                             VERSUS                               
                      Gyanoba S/o. Manaji Munde Deceasedthrough His L.rs. Udhav S/o.
                                      Gyanoba Munde And Ors.                      
                                              WITH                                
                                   FIRST APPEAL NO. 3404 OF 2011                  
                     The Maharashtra Power Generation Co.,ltd Previously Mseb Through
                                    The Ex. Engineer,parali Vaijnath              
                                             VERSUS                               
                    Damodhar S/o. Tukaram Aghav Deceased Through His Lrs. Rambhabai
                                   W/o. Damodhar Aghav And Ors.                   
                                              AND                                 
                                   FIRST APPEAL NO. 613 OF 2006                   
                                               ...                                
                    Mr.V. V. Tarde h/f Mr. Rahul A. Tambe Advocate for Appellant. 
                    Mr. A. V. Thombre h/f Mr. S. S. Thombre for Respondents-claimants.
                    Mr. Akash S. Hire h/f Mr. Parag V. Borde for Respondent in FA/9/2005.
                    The authorised officer is present.                            
                                            O R D E R                             
                                       (30th NOVEMBER 2024)                       
                    1.  These Appeals are placed before us in today’s Lok Adalat. 
                    2.  Mr. V. V. Tarde h/f Mr. R. A. Tambe, Advocate for Appellant-
                    Acquiring Body, Mr. A. V. Thombre h/f Mr.S. S. Thombre, Advocate for
                    the Respondent-claimant are present.                          
                    3.  The authorized officer is present in the Court. He produces on
                    record a authority letter. On the basis of written instructions, the
                    Appellant-Acquiring Body is seeking permission to withdraw the

                                                 ( 11 )                55 to 73   
                    This order is corrected pursuant to speaking to minutes order dt.20.02.2025.
                    appeals.                                                      
                    4.  Permission granted.                                       
                    5.  The acquiring body-appellant to deposit the entire amount of
                    compensation, if not deposited, alongwith accrued interest as per award
                    passed by the Reference Court within a period of six months from the
                    date of receipt of this order.                                
                    6.  The  claimants/respondents are entitled to withdraw the said
                    amount on filing necessary application before the Reference Court.
                    7.  In view of the same, the matters stand disposed off after the
                    amount is deposited and is withdrawn by the claimants.        
                    8.  Court fees refund certificate be issued as per the provisions under
                    the Maharashtra Court Fees Act, 1959.                         
                    9.  Civil Application/s, if any, stand/s disposed off.        
                  [A. B. KADETHANKAR]   [S. G. SHETE]  [KISHORE C. SANT, J.]      
                        Advocate         DJ (Retd.)       Head of Panel           
                        Member            Member                                  
                    Ethape