1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.799 OF 2009 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. Date : April 30, 2010 1. Heard Shri B.R.Sontakke Patil Advocate for the appellant. 2. This first appeal is against the judgment and award passed by the learned Joint Civil Judge, Senior Division, Osmanabad, on 29.12.2008 whereby L.A.R. No. 113 of 1991 was dismissed. 3. From the judgment of the learned Judge, it appears that the L.A.R. was dismissed on two grounds. Firstly, Navodaya Vidyalaya, for which the State had acquired the land, was not made party and even the concerned department of the Govt. was not made party. Moreover, as stated in para. 10 2 of the judgment of the Reference Court, seventeen years have elapsed after acquisition of land. Reference was also made by the learned Judge to the case of U.P. Awas Ewam Vikas Parisad vs. Gyandevi AIR 1995 S.C.724 and other cases. 4. Apart from that, it is also stated in paragraph 8 of the judgment that in spite of giving opportunity for 1-1/2 years to the claimant to appear for cross examination after examination in chief was recorded, the claimant did not appear and, therefore, her evidence could not be completed and there was no other oral or documentary evidence on record. 5. In the circumstances, this is not a case requiring interference. First Appeal dismissed in limine. pnd/fa799.09 (P.R.BORKAR, J.) 3