KESHARBAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved and dissatisfed by the common Judgment and order dtd. 25/7/2012 passed by the 2ndJoint Civil Judge, Senior Division, Jalna, the appellants - original claimants have preferred these appeals.

(2.) It is the contention of the learned counsel for the appellants that the Reference Court has rejected the claim petitions of the appellants on the ground that the said references were not in limitation. The Reference Court has considered other aspects and enhanced the compensation but rejected the claim petitions though, the claim petitions fled by the appellants were within limitation. The learned counsel for the appellants further submits that the appellants had received the compensation amount on 10/11/1993, on the same day the appellants had fled the applications before respondent No.2 for enhancement of the compensation and the said amount was accepted under protest but it was not considered by the Reference Court and wrongly came to the conclusion that the claim petitions were not within the limitation. Hence, requested to allow the appeals.

(3.) Learned counsel for respondent No.3 submits that no evidence was produced on record by the appellants to prove that the claim petitions were fled before respondent No.2 authority to refer it for enhancement. Hence, the Judgment and order passed by the Reference Court is legal and valid.