1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4770 OF 2005 WITH FIRST APPEAL NO.655 OF 1991 The State of Maharashtra )..Applicants Vs. Shri Ganpat Fakir Naik since deceased through his L.R.s )..Respondents ---- Mrs.Geeta Mulekar AGP for the applicants/State. ---- Coram : R.S.MOHITE,J Date : 22nd January, 2010 PC CIVIL APPLICATION NO.4770 OF 2005 1 This is an application for setting aside the abatement of the appeal and for condonation of 9 years & 271 days delay in filing of the present Civil Application. The delay has been caused because State of Maharashtra has not been aware of the death. In the circumstances, Civil Application is allowed. FIRST APPEAL NO.655 OF 1991 1 Learned AGP contended that although appeal is not on board, the issue in this appeal has been decided against the State of Maharashtra in a group of appeals headed by First Appeal No.813/1993 and the same rate as awarded by the Reference Court has been awarded by this Court concerning land situated in the same village. The appeal is called 2 out for final hearing and since the issue is covered against the State of Maharashtra in the judgment and order passed by this Court on 26.10.2005 in the group of appeals headed by First Appeal No.813/1993, this appeal stands dismissed. (R.S.MOHITE,J) 3