242ca3613.07.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.3613 of 2007 in First Appeal St. No.20606 of 2006 (State .vs. Vithobaji Kisnaji Hepat) 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. 84 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 delay caused in setting aside abatement. The delay caused is of 375 days. For the reasons stated in the application, the delay caused is condoned. Abatement of Second Appeal is set aside. CIVIL APPLICATION No.85 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 delay causing in bring legal representative of sole respondent on record. The delay is of 375 days. There is another Civil Application No.83 of 2009 filked for bringing legal representatives of respondent on record. The application contains the name of legal representative as Gajanan 242ca3613.07.odt 2 . Hepat r/o. Saigawhan, Post Nimba, Tq. Samudrapur, Distt. Wardha. Ms. V.Y.Wasu, Adv. waives service of notice on behalf of proposed legal representative. After going through the contents of Civil Application No. 85 of 2009, I am satisfied that sufficient cause has been made out for condonation of delay of 375 days caused in filing application. Hence, delay is condoned. The application stands disposed of. CIVIL APPLICATION NO. 83 OF 2009 The name of proposed legal representatives is stated in the application. The application for bringing names of legal representatives of respondent is allowed. The appellant to carry out necessary amendment in the memo of appeal within a period of eight days. The application stands disposed of. CIVIL APPLICATION NO.3613 OF 2007 : Heard the learned Counsel for the applicant. This is an application for condonation of delay of 437 days caused in filing appeal. After going through the contents of application, I am satisfied that sufficient cause has been made out for condonation of delay caused in filing the appeal. Hence, the delay is condoned. The application stands disposed of. FIRST APPEAL ST. NO.20606 OF 2006 This appeal challenges the judgment and order dt. 242ca3613.07.odt 3 . 27.4.2005 passed by the learned 4th Ad-hoc Additional District Judge, Wardha directing the appellant/State to pay Rs.28,618/- 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 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.46 of 1992 by District Judge, Wardha on 21.4.2005 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 242ca3613.07.odt 4 .