1 fast19919 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL ST.NO.19919 OF 1997 The State of Maharashtra (through the Collector of Sangli) ...Appellant vs. Maruti Shivappa Dudhal ...Respondent Mr.A.R.Patil, A.G.P for the appellant None for the respondent CORAM : A.S.OKA,J. DATE : AUGUST 25, 2011 P.C.: 1 The challenge by the State of Maharashtra is to the Judgment and Award in a Reference under section 18 of the Land Acquisition Act,1894 by which enhancement in market value in the sum of Rs.9746.60 has been granted. The first respondent who is one of the three claimants, died during the pendency of the delay condonation application. As his legal representatives were not brought on record, the application stood abated as against the first respondent. Accordingly, even this appeal also stands abated as against the first respondent. Thus, the impugned Award has become final in so far as one of the three claimants is concerned. Even if the appeal is to be allowed, an Award which is inconsistent with the Award which stands confirmed in favour of the first claimant cannot be passed. Hence, appeal itself is not maintainable and same is accordingly dismissed with no order as to costs. JUDGE