1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 17. APPEAL FROM ORDER No.148/2009 (GULABCHAND KACHARDAS DUNGARWAL V/S STATE OF MAH AND ORS) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.S.Chapalgaonkar, Adv., h/f Mr. R.R.Imale, Adv., for the appellant. Mr.Anoop Patil, Adv., h/f Mr.R.N.Dhorde, Adv., for respondent nos.5 and 6. ... CORAM: K.U.CHANDIWAL, J. DATE:25/1/2010 P.C.:- 1. Heard Mr. Chapalgaonkar, Counsel for the original plaintiff/appellant and Counsel holding for Mr.R.N.Dhorde, Counsel for respondent nos. 5 and 6. 2. The property in which the plaintiff was in occupation came to be acquired, award was passed. The plaintiff, by RCS No.413/2003, approached the Civil Judge, Senior Division, Kopergaon, for different reliefs; one of the relief was to allow him to carry repairs to the 2 said shop by erecting shutters in the left over portion for which the original defendant nos. 1 was to be to be directed to this effect and, particularly, mandatorily to the original defendant nos. 3 and 4. Learned Judge, on analysis of the documents tendered, directed return of the plaint for presentation to the Court in which the suit should have been instituted for disposal according to law, within one month from the date of the order dt.20.12.2004. 3. The prayer in the suit, obviously, was seeking to challenge the award, and seeking an injunction to the property which was subject of award which basically was not correct as, after the award, the property vests with the Government or the acquiring body. The right of the plaintiff or the owner cease to that extent. However, the other reliefs, particularly, alternative relief, prayer clause C in the plaint, was sought by the 3 plaintiff again to be reiterated. 4. In the light of nature of order passed by the learned Judge, no interference called for. The plaintiff is at liberty to carry necessary amendment in the suit which the learned Judge will consider on its own merits. Appeal From Order is dismissed. (K.U.CHANDIWAL) JUDGE ... agp/148-09ao