STATE OF MAH Vs. SHANKAR DAMU PATIL

JUDGEMENT

(1.) Present application has been filed for getting delay of 1693 days condoned in filing first appeal. It will not be out of place to mention here that, the respondent No.1 had expired long ago and as per the order passed by this Court on 21 st September 2017, the application stood dismissed on that count. The question is therefore whether the application can be considered and whether we can proceed further.

(2.) It is to be noted that, Government intended to challenge the Judgment and award passed in LAR No.416 of 1991 dated 19-12-2006 by learned Civil Judge, Senior Division, Jalgaon. The case of the present respondents who were the claimants before the Reference Court was that the agricultural land bearing Gut No.108 admeasuring 0.54 R and Pot Kharab admeasuring 0.03 R was belonging to original petitioner Shankar Damu Patil. After his death his legal representatives were brought on record in the reference. Present respondent No.1 was then the petitioner No.1. Thus, all the petitioners who were the legal representatives of the original petitioner claimed joint ownership over the acquired land and then claimed the compensation. The Reference Court had partly allowed the reference and then enhanced the amount of compensation which was to be paid by the respondents i.e. present applicants. Therefore, whatever award was passed was joint and several. As aforesaid the application has been dismissed as against respondent No.1 who is reported to be dead and his legal representatives have not been brought on record within the stipulated period. The ratio laid down in the Division Bench decision of this Court in Ruddulal Bhurmal and Others Vs. Mahabirprasad Bisesar Kalwar and others, reported in AIR 1959 Bombay 384, is applicable here wherein it is held that,

(3.) Under such circumstance, taking into consideration the fact that, though the other respondents were served, they failed to appear and for the reasons mentioned in the application, the application deserves to be allowed. The delay stands condoned. Application stands allowed. Registry to verify and register the first appeal.