242cao218.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.218 of 2009 in MCA St. 674 of 2009 in Rej. F.A.No.96 of 2007 (State .vs. Sarangdhar s/o. Hiramji Turankar) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: R. K. Deshpande, J. Date : February 24, 2010. CIVIL APPLICATION NO. 218 OF 2009 Heard Mr. D. M. Kale, Assistant Government Pleader for applicant and Ms V.Y.Wasu, Adv. for respondent. This is an application for condonation of 714 days' delay caused in filing application for restoration. After going through the contents of the application, I am satisfied that sufficient cause has been made out for condonation of delay. Hence, the delay caused is condoned. The application, thus, stands disposed of. MISC.CIVIL APPLICATION ST. NO. 674 OF 2009 Heard Mr.D.M.Kale, Assistant Government Pleader for applicant and Ms V. Y. Wasu, Adv. for respondent. This is an application for restoration of First Appeal. Registration of the First Appeal was refused by an order dt. 23.1.2007 on the ground of non-removal of Office objection. For the reasons stated in the application, I am satisfied that a case is made 242cao218.09.odt 2 . out for restoration of the appeal. Hence, the order dt. 23.1.2007 is quashed and set aside. The First Appeal St. No.19003 of 2006 is restored to the file of this Court. CIVIL APPLICATION ST. NO.19005 OF 2006 : Heard the learned Counsel for the applicant. Ms.V.Y.Wasu, Adv. waives notice on behalf of respondent. This is an application u/s. 5 of the Limitation Act for condonation of 415 days' delay caused in filing the appeal. After going through the contents of the application, I am satisfied that sufficient cause has been made out for condonation of delay. Hence, the delay caused is condoned. The application stands disposed of. Office is directed to register the First Appeal. FIRST APPEAL ST. NO.19003 OF 2006 This appeal challenges the judgment and order dt. 27.4.2005 passed by the learned 4th Ad-hoc Additional District Judge, Wardha directing the appellant/State to pay Rs.66,538/- as additional compensation to the claimant together with interest @ 9 % p.a. for first year from 13.12.1990 and @ 15 % p.a. from 31.12.1991 onwards till payment of additional compensation. Ms V.Y.Wasu, Adv. for the respondent waives service of notice. The matter is heard forthwith by the consent of parties. Learned Counsel for the respondent has placed on record copy of judgment dt. 13.4.2009 delivered by this Court in First Appeal St. No.7443 of 2007. Same is marked as 'X' for identification. By this judgment, the appeal preferred by the State challenging the 242cao218.09.odt 3 . judgment and order passed by the Reference Court granting additional compensation to the claimant has been dismissed. The learned Assistant Government Pleader for the State does not dispute that the fact stated in the judgment impugned in the present appeal delivered in LAC No.36 of 1992 by District Judge, Wardha on 27.4.2005 raises the same issue which was involved in F.A. St. 7443 of 2007 decided on 13.4.2009. The challenges raised by State in this appeal as well as judgment marked as 'X' for identification are the same. In view of the above, the instant appeal is also dismissed for the reasons in the judgment marked as 'X' for identification. No order as to costs. JUDGE jais