1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9768 OF 2010 IN FIRST APPEAL ST. NO. 14175 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR,J. DATED : 28.07.2010 1. Heard A.G.P. Shri B.V. Wagh for the applicant. This is an application for condonation of delay of 1280 days in filing the first appeal. The appeal is filed by the State being aggrieved by the judgment and award passed by the Civil Judge, Senior Division, Nilanga, in L.A.R. No. 8 of 2003 and other connected matters decided on 14.06.2006. The valuation of the appeal for jurisdiction is Rs. 3400/- and amount awarded by the Reference Court is Rs. 2520/-. As per Section 96 (4) of the Civil Procedure Code, the First Appeal is not tenable, wherever the valuation of claim is less than Rs. 10,000/-. Section 54 of the Land Acquisition Act deals with appeals 2 in proceedings before Court. The words of Section 54 of the Land Acquisition Act begins with ‘subject to the provisions of the Code of Civil Procedure, 1908, applicable to appeals from original decree x x x x x x x ’. 2. So, considering the object behind Section 96 (4) and Section 102 of the C.P.C., in my opinion, it is not legal to take cognizance of present appeal. It does not appear that any legal point is raised. Mainly the judgment is based on question of fact regarding market value. 3. It is made clear that this appeal is being dismissed only on the ground of valuation of the appeal at Rs. 2520/- as stated by the A.G.P. in the foot note below appeal memo. It would not be proper to call upon the litigant to come from far away place like Nelwad, Tal. Nilanga, Dist. Latur and contest the appeal. Hence, the application for condonation of delay is dismissed. 4. This dismissal not to come in 3 the way of considering other appeals filed by the State while deciding the same on merit. [P.R. BORKAR, J.] snk/2010/JUL10/ca9768.10